Terms Version 2.0. Last revised on: February 24, 2019
Welcome to BOOMZIP, a website located at www.BOOMZIP.com (the “Website”) and operated by BOOMZIP (“BOOMZIP”, “us”, “our”, and “we”). BOOMZIP provides the Website and mobile applications (the “Applications”) to facilitate on-demand and in-home/on-location Beauty and Wellness services and the ability to purchase cosmetics and lifestyle products (collectively, with the Website and Applications, the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features (“Supplemental Terms”). All such Supplemental Terms are incorporated by reference into this Agreement.
THE COMPANY DOES NOT PROVIDE BEAUTY OR WELLNESS SERVICES, AND THE COMPANY IS NOT A BEAUTY OR WELLNESS OPERATOR. IT IS UP TO THE THIRD PARTY BEAUTY OR WELLNESS PROVIDER TO OFFER BEAUTY OR WELLNESS SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF THE APPLICATION OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY BEAUTY AND WELLNESS SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE BEAUTY OR WELLNESS SERVICES OR ACT IN ANY WAY AS A BEAUTY OR WELLNESS PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY BEAUTY OR WELLNESS SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. THE COMPANY DOES NOT GUARANTEE THE COMPETENCE OR BACKGROUND OF ANY SERVICE PROVIDER.
Accounts – Terms
Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in the Services. We may suspend or terminate your Account in accordance with the section entitled “Term and Termination.” You agree not to create an account or use our Services if you have been previously removed by BOOMZIP, or if you have been previously barred from any of the Services.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
As a condition of being permitted to make appointments with Beauty and Wellness Service Providers through the Service, you specifically agree with the following terms for all appointments booked on the Service.
Booking Service Providers. You must provide us with a valid credit card (issued by Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to making an appointment with a service provider, including free promotional Beauty and Wellness services BOOMZIP may arrange from time to time as part of the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. You may purchase beauty and lifestyle products and order in-home/on-location Beauty and Wellness services by following the directions provided by the Services. By providing us with your credit card number and associated payment information, you agree that BOOMZIP is authorized to immediately invoice your Account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify BOOMZIP of any change in your billing address or the credit card used for payment hereunder. We may change the pricing for in-home/on-location beauty or wellness appointments or products (from time to time in our sole discretion, and subject only to the right of service providers to review and accept said pricing changes) by updating the price list included on the Website and Application and without any additional notice to you, provided that any changes will not affect any items or services purchased prior to the notice.
Payment Process. If you order an in-home/on-location beauty or wellness service or any product, you agree to pay the service provider the then-current applicable service fee listed in the Services or the website of our third party booking agent (“Booking Agent”) as linked to from the Website or Application. We, or our booking agent, will automatically bill your credit card submitted in booking an appointment on the date the appointment is booked or product ordered, and each time you book an appointment or order a product thereafter. All payments to the service providers are non-refundable, except in the event the service provider, or we, cancel your appointment. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information.
Price. The fees listed on the Service are the standard fees for the listed service, which we may change at any time in our sole discretion by so posting on the Service. In addition, fees for services provided by a Service Provider may vary depending on a variety of factors such as length, day, time, or location of appointment. The total fee you are ultimately charged includes the Service Fee, a Tip, a System Fee, and may include a Parking Surcharge. As to the Tip: BOOMZIP will include a charge of an automatic Tip amount of twenty percent (20%) on the original, non-discounted price of the service (“Service Fee”). All of the Tip goes to the Service Provider. (As of the date of these Terms, yoga teachers, fitness trainers, nutrition counselors, and life coaches do not receive a tip and you will not be charged a Tip for their services.) As to the Parking Surcharge: While the vast majority of BOOMZIP customers will never pay a Parking Surcharge, you may be charged an additional fee for parking if BOOMZIP deems the cost that the Service Provider must pay to park in order to provide you the service you ordered to be excessive. All of the Parking Surcharge is provided to the Service Provider. As to the System Fee: BOOMZIP will charge you a modest System Fee for each service you book with BOOMZIP. While a relatively small amount, the System Fee helps support the BOOMZIP Platform and related services, including a broad spectrum of operating costs and safety measures like insurance and background checks. Each of these fees will be shown to you before you choose to finalize your purchase of services on the BOOMZIP app or website.
Massages Booked Through the Service. You acknowledge that Service Providers are highly trained, certified and licensed (where applicable under relevant state law) and may specialize in certain therapies and other health and wellness techniques. BOOMZIP does not tolerate any requests deemed sexual or inappropriate in nature. Users reported for inappropriate behavior will be immediately removed from the Service. You agree that massage is for relaxation only and should not be used if the person who will receive the massage is on any medication that would be expected to weaken bone structure and/or connective tissue or lead to enhanced bleeding; have edema due to chronic heart failure or kidney failure; have an inflammatory condition in the acute stage; have acute phlebitis and/or deep venous thrombosis; have had an acute trauma or recent surgery; are in the first trimester of pregnancy; or where massage therapy is otherwise contraindicated. A BOOMZIP Customer who uses the Service to book a massage on his or her own behalf should consult a physician if uncertain as to whether a massage is appropriate for such BOOMZIP Customer, and A BOOMZIP Customer who uses the Service to book a massage on behalf of a third party should encourage that third party to do the same.
No Liability. To the fullest extent permitted by law, BOOMZIP will not have any liability whatsoever for any of the services provided by Service Providers. Service Providers bear sole liability for all of the services provided, including those services that are booked through the Service.
Exclusive Booking through BOOMZIP. In order to receive pre-negotiated rates with Beauty and Wellness Service Providers, BOOMZIP Customers agree that once a BOOMZIP Customer has made an appointment with a Beauty or Wellness Service Provider through the BOOMZIP Network, all subsequent appointments with the Service Provider will be made through BOOMZIP, for as long as: (i) the Service Provider is an active participant in the BOOMZIP Network, and (ii) the BOOMZIP Customer continues to keep its account with BOOMZIP active and in good standing.
Responsibility for Payment. You will be charged the Fee following your receipt of a Service. You agree to pay to BOOMZIP all Fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided. BoomZip does not accept insurance as a form of payment. However, some insurance companies will allow clients to self-claim and file for reimbursement. As example, in some cases, an insurer will pay for massage if a doctor prescribes massage for a covered condition. However, you acknowledge that Life Coaching, Chiropractic Treatments and Massage Therapy obtained through the Service in all likelihood will not be covered services under your benefit plan, the Medicare program, a state Medicaid program, or any health insurance plan whether government-sponsored or private. You acknowledge and agree that BOOMZIP will not file any claims with your insurance benefit plan, the Medicare program, a state Medicaid program, or any other third party medical benefits program, and that the services you receive from or through BOOMZIP may not be eligible for reimbursement under such plans. You acknowledge, understand and agree that when using the Service, you may be responsible for standard phone, data and messaging charges from your wireless carrier. Under no circumstances will BOOMZIP be responsible for any wireless email, data, phone, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.
Dispute Resolution. Although BOOMZIP retains the right to mediate any dispute between you and a Beauty or Wellness Service Provider, all disputes between you and such Service Provider must ultimately be resolved between you and the Service Provider directly. All sales booked through the Service are final and BOOMZIP provides no refunds.
Cancellation – Terms
You may cancel any appointment in accordance with our cancellation policy set forth in the FAQ section at www.BOOMZIP.com. We reserve the right to cancel free promotional Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free promotional Service. If the service provider cancels an appointment for any reason, you will not be charged, unless BOOMZIP is able to book another service provider acceptable to you during the time scheduled for your appointment. 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.
Referral Codes and Credits – Terms
We may, in our sole discretion, create Referral Codes that offer credits (also known as “BoomZip Bucks”) for referring new users. Referral Codes are for personal and non-commercial use only and may not be duplicated, sold or transferred in any manner. This means that you are welcome to share your Code with friends, family and your social network, so long as you are the primary content owner of such network. Both you and each friend or family member that signs up with your Code and places an order will receive the credits as set forth on the Service (“Credit”); provided that you may not accrue more than $500 in Credit at any given time. The expiration date for Credits will be stated on the Service. Referral Codes are not intended for distribution on public sites, such as Yelp or Facebook, coupon code websites, such as retailmenot, or via search engines. We reserve the right to disable your Code in our sole discretion. To qualify for a referral credit, you must refer a new bona fide user to BOOMZIP who establishes a BOOMZIP account and reserves and books an appointment with a service provider within ninety (90) days of signing up for an account. Credits are not available for referring previous users of BOOMZIP Services. You cannot earn a referral credit by referring yourself. We reserve the right to revoke or cancel credits at any time. Unless otherwise expressly stated in additional terms we establish for a particular Referral Code, Referral Codes may only be used once per recipient, multiple Referral Codes cannot be used in a single transaction or appointment, and each Referral Code benefit may only be redeemed once per account. You acknowledge that we will set limits on how much credit can be used on each individual service or product purchased by you and the referred customer, in our sole discretion, and that these limits may differ from each other and may be changed by us without announcement at any time we determine without prior announcement. As example, we may limit the amount of credit that can be used on an individual service that is purchased to 10 BoomZip Bucks credit value. Only Referral Codes sent to you through official BOOMZIP communications channels are valid. You further agree: (i) to use Referral Codes only for their intended purpose, and in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Referral Codes in any manner, unless expressly permitted by us; (iii) Referral Codes may be disabled by us at any time for any reason without liability to us; (iv) Referral Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Referral Code; (v) Referral Codes and Referral Credits have no cash value; and (vi) Referral Codes may expire prior to their use. Referral Codes and their Credits cannot be used in combination with other Referral Credits, Promo Credits, or other discounts of any type.
Promotional Codes and Credits – Terms
We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated in additional terms we establish 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 appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through official BOOMZIP communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and in a lawful manner; (ii) you will 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 us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code; (v) Promo Codes and Promo Credits have no cash value; and (vi) Promo Codes and their Credits may expire prior to your use. Promo Codes cannot be used in combination with other Referral Credits, Promo Credits, or other discounts of any type.
Reservation of Rights – Terms
We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes or Referral Codes or other discounts by you or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code or Referral Code or discount in question or the provision of any credit, Referral Code, Promo Code or discount was in error, fraudulent, illegal, or in violation of the applicable Promo Code or Referral Code or discount terms or the terms of this Agreement. Once you have redeemed a Promo Code or Referral Discount Code or discount or used any credit in your Account, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the Services.
Your Responsibilities – Terms
As the recipient of in-home/on-location beauty or wellness services provided by service providers, you agree to assume certain responsibilities. When you book an appointment, you agree to comply with any rules or requirements of the service provider applicable to the service purchased and that you are made aware of, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree to: (a) create in your home (or other space where our service providers are invited to perform their services) a safe, clean, and reasonably comfortable workspace that is free of conditions that would make it difficult for our service providers to perform their jobs (all as determined in each of our service provider’s sole discretion); (b) provide a workspace that has access to bathroom facilities and is in close proximity to an electrical outlet and a sink with hot and cold running water; and (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, overly distracting, intimidating, hostile, harassing, indecent or abusive while our service providers are present. If you have pets, you agree to confine all of your pets to a room or outside location where our service providers will not be working. If you have a child or children under the age of 13, you agree that childcare (provided by someone other than you and our service provider) will be present. This is important as the service provider will have equipment that can harm a child and our service provider will be focused on you. Service providers reserve the right to terminate or refuse to provide their services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if a service provider feels unsafe or uncomfortable with your in-home/on-location, environment or conditions for any reason. You understand, acknowledge and agree that service providers are not employees or agents of BOOMZIP, but are independent contractors who operate business enterprises separate and distinct from BOOMZIP.
Your Representations – Terms
If you are utilizing on-demand beauty Services in the state of Florida, you represent that the purpose of your request for the Services is in connection with: the motion picture, fashion photography, theatre or TV industry; photography studio salon work, i.e., hair arranging and cosmetics in preparation for a photo session; a special event, e.g. wedding, fashion show or other similar event; a trade show demonstration or educational seminar; or because of ill health you are unable to go to a licensed salon. If you are utilizing on-demand beauty Services in the state of Arizona, you represent that the purpose of your request for the applicable Services is in connection with: a nursing home or residence of a person requiring home care because of illness, infirmity or disability. If you are utilizing on-demand beauty Services in the state of California, you represent that the purpose of your request for the Services is: incidental to the theatrical, radio, television or motion picture production industry; necessary due to your illness or other physical or mental incapacitation; or for the purpose of receiving recommendations and/or live demonstrations about products as well as potential purchase of products. If you are utilizing on-demand beauty Services in the state of Colorado, you represent that the purpose of your request for the Services is in connection with: being confined to hospitals or nursing, convalescent, or boarding homes; being confined to your home by reason of age, physical or mental infirmity, or physical disability; or for the purpose of receiving lectures and demonstrations on beauty culture, hairdressing, and the use of beauty preparations performed without compensation; or for the purpose of receiving recommendations and/or demonstrations about products as well as the selling of products. If you are utilizing on-demand beauty Services in the state of Kansas, you represent that the purpose of your request for the Services is in connection with: a health care facility, hospital or nursing home or the residence of a person requiring these services in these locations arising from physical or mental disabilities. If you are utilizing on-demand beauty Services in the state of Missouri, you represent that you did not receive these services in the cosmetologist’s principal establishment and that you received a Certificate of Identification from the cosmetologist or by email from BoomZip prior to receiving any cosmetology services. If you are utilizing on-demand beauty Services in the state of Oregon, you represent that the purpose of your request for the Services is in connection with: a person confined in their residence through medical disability or other restriction. If you are utilizing on-demand beauty Services in the state of Texas, you represent that the purpose of your request for the Services is in connection with: illness or physical or mental incapacitation; or receipt of the services in preparation for and at the location of a special event.
Regarding Micro-Needling Services Booked Via BoomZip – Terms
By booking Micro-Needling services via BoomZip, you affirm the following disclosure and you agree to all of the statements in the paragraph that follows.
I give permission to the Esthetician provided by BoomZip to perform the Micro-Needling service and will hold him/her and BoomZip harmless from any liability of any sort that may result from this service. I understand he/she will take precautions to minimize or eliminate negative reactions I may have such as blisters, sores, or other reactions. I understand that Micro-Needling is the use of an individual cartridge of needles, usually penetrating to the dermis of the skin tissue to a maximum depth of 2.5mm, to stimulate collagen and elastin response for the treatment of issues such as: facial scarring, acne scarring, chicken pox scarring, fine lines and wrinkles, deep hyperpigmentation, stretch marks, skin discoloration, burn scars, surgical scars, and uneven skin tone. Micro-Needling is not to be used during active acne breakouts or for anyone prone to acne and/or cold sores and fever blisters. I affirm that I do not have any active acne breakouts, cold sores, or fever blisters. I affirm that I am not presently using any topical medications such as, but not limited to, prescription-level Retin-A, Renova, Tazorac, or Tretinoin. I affirm that I do not have any blood clotting disorders, and that that I am not using any anticoagulant therapy (such as warfarin or heparin) as that can cause uncontrolled bleeding, and that I do not suffer from Rosacea, and that I have not taken Accutane or isotretinoin (which make my skin highly sensitive) within the six months preceding the Micro-Needling treatment that I am booking via BoomZip. I affirm that I have not had any facial surgical procedures or chemical peels or skin treatments within the six months preceding the Micro-Needling treatment that I am booking via BoomZip. I affirm that I am not presently pregnant or lactating and I am over the age of eighteen (18). I affirm that I am not currently undergoing radioactive or chemotherapy treatments, and have not had any radioactive or chemotherapy treatments within the past six months. I affirm that I do not have sunburn, windburn, or broken skin on the area to be treated via the Micro-Needling service I am booking via BoomZip. I affirm that I have not waxed or used a depilatory (such as Nair) on the area to be treated via the Micro-Needling service I am booking via BoomZip, within the four weeks preceding the Micro-Needling treatment I am booking. I affirm that I do not have a history of keloidal scarring, excessive telangiectasia. I affirm that I do not have bacterial skin infections, fungal infections, viral infections, open lesions or rashes, active acne, any auto-immune disease, or any other existing condition that may interfere with the positive outcome of this service. I affirm that I will and have avoided anti-inflammatory medications, blood thinners, herbal supplements, vitamin E, and fish oil for at least one week prior to and the day of my Micro-Needling treatment in order to minimize bruising risk and maximize platelet function. I understand that I may restart these three days following the Micro-Needling treatment. I affirm that I do not have keloid or raised scarring, a history of eczema, psoriasis and other chronic conditions, a history of actinic (solar) keratosis, a history of Herpes Simplex infections, a history of diabetes, or raised moles, warts or any raised lesions on the area to be treated during the Micro-Needling service I am booking via BoomZip. I affirm that I do not have scleroderma, collagen vascular diseases or cardiac abnormalities, or scars less than 6 months old on the area to be treated during the Micro-Needling service I am booking via BoomZip. I affirm that I have not had any dermal or facial fillers (including Juvederm, HylaForm, Prevelle Silk, Restylane, Belotero Balance, or other similar products) on the area to be treated during the Micro-Needling service I am booking via BoomZip within the six months preceding the Micro-Needling treatment that I am booking via BoomZip. I affirm that I will stop, and have stopped, using Retin A, Retinols, and other similar skin medications for the 3-5 days preceding the Micro-Needling treatment that I am booking via BoomZip. My expectations are realistic and I understand that the results are not guaranteed. I agree that I am willing to follow post-treatment recommendations by my Esthetician for products for home use. I affirm that I am responsible for following home regimens that can minimize or eliminate possible negative reactions, including recognizing the importance of adhering to wearing sunscreen and avoiding sun/tanning booths and extreme weather conditions. I affirm that I have been informed of the possible negative reactions and the expected sequence of the healing process (dryness, irritation, redness, and peeling of the skin). In the event that I may have additional questions or concerns regarding my treatment or suggested home product/post-treatment care, I will consult my BoomZip Esthetician immediately via https://boomzip.com/contact-us. I fully understand the potential risks and complications and have chosen to proceed with the service after careful consideration of the possibility of both known and unknown risks, complications, and limitations. I agree that this constitutes full disclosure, and that it supersedes any previous or subsequent verbal or written disclosures. I affirm that I have read, and fully understand the above paragraph and that I have had sufficient opportunity for discussion to have any questions answered. I also consent to the taking of photographs to monitor treatment effects, as desired or recommended by my Esthetician.
Relationship Between BOOMZIP and Service Providers and Customers – Terms
You acknowledge that Service Providers have agreed that they will not solicit you or other Customers we connect them to for their own account. This means that as an inducement for BOOMZIP to work with them and provide them access to excellent customers, they will not directly or indirectly request to perform services for you or other persons that were referred to them by BOOMZIP unless the services are ordered through the BOOMZIP platform, nor will they directly or indirectly accept a request to perform services from a person who is or has been a client of BoomZip during the term of this Agreement or for a period of one (1) year following the termination of the Agreement. The penalty for Service Providers who break this trust with BOOMZIP will be complete removal from working with BOOMZIP. PLEASE LET US KNOW IF YOU BELIEVE THAT A SERVICE PROVIDER IS BREAKING THIS AGREEMENT WITH BOOMZIP by sending us a confidential message at www.BOOMZIP.com/contact-us.
Rights and Licenses – Terms
License to Use Website. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
License to Use Application. We grant you a non-exclusive, non-transferable right to access and use the Services and a non-exclusive, non-transferable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to the terms of this Agreement. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system), and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Use of the Application is also subject to the provisions of the section entitled “Acceptable Use Policy.”
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue your access to the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of your access to the Services or any part thereof, except and if otherwise expressly set forth in Section entitled “Term and Termination.”
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Website and Applications, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers reserve all rights not granted in this Agreement.
User Content – Terms
User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence (collectively “SNS Pages”). We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our SNS Pages and on the Services. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not BOOMZIP), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
License. You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if, we determine in our sole discretion, that you violated the Acceptable Use Policy or any other provision of this Agreement or otherwise created liability for us or any other person. Such acts may include, but are not limited to, removing or modifying your User Content, terminating your Account in accordance with Section entitled “Term and Termination” and/or reporting you to, and cooperating with, law enforcement authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Content, in our possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental requests; (ii) enforce this Agreement; (iii) respond to any claims that User Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of BOOMZIP, its users, employees or the public, and all law enforcement or other government officials, as BOOMZIP in its sole discretion believes to be necessary or appropriate.
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we will have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Indemnity. 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, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. 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.
Acceptable Use Policy. The following sets forth our “Acceptable Use Policy”:
Anti-Spam. IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE IN RELATION TO BOOMZIP’S SERVICES, PLEASE CONTACT US PROMPTLY VIA THE CONTACT MECHANISM MADE AVAILABLE VIA THE WEBSITE SO THAT WE MAY TAKE APPROPRIATE ACTION.
You agree not to use the Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or 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.
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 Website 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).
Third Party Websites, Advertising and Other Users – Terms
Third Party Websites, Ads and Ad Networks. The Website might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Websites and Ads”). Such Third Party Websites and Ads are not under our control and we are not responsible for any Third Party Websites and Ads. We provide these Third Party Websites and Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites and Ads. You use all Third Party Websites and Ads at your own risk. When you link to a Third Party Website and Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Websites and Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Website based on your activities on the Website or within the Services.
Other Users. Each Service user is solely responsible for any and all of his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Website or Service users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
App Store. When you download our Applications, you may do so through Apple Corporation’s App Store, another third party. You acknowledge that this Agreement is between you and us and not the App Store or Apple. As between the App Store and us, we, not the App Store, are solely responsible for the Services, including the Application, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce its terms.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”).
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between BOOMZIP and Apple, BOOMZIP, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, any service provider, other Service users or Third Party Websites and Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICES, INCLUDING THE WEBSITE 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, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION, 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 BEAUTY OR WELLNESS SERVICES PROVIDED BY SERVICE PROVIDERS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OR OFFICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH SERVICE, INCLUDING MATERIALS, (COLLECTIVELY, THE “CONTENT”) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL OR PSYCHOLOGICAL MATTERS. IN NO EVENT WILL A MEDICAL OR PSYCHOLOGICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE.
BOOMZIP DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY BOOMZIP OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK. IN ADDITION, THE MASSAGE SERVICE MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS THAT SOME MAY CONSIDER SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICE.
THE SERVICE IS CONTINUALLY UPDATED AND BOOMZIP MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY OR COMPLETENESS. BOOMZIP MAKES NO WARRANTY THAT THE INFORMATION AVAILABLE ON THE SERVICE INCLUDES THE MOST RECENT FINDINGS.
ALTHOUGH BOOMZIP MAY PROVIDE INFORMATION ABOUT VARIOUS BEAUTY AND WELLNESS SERVICE PROVIDERS ON THE SERVICE, IT DOES NOT RECOMMEND ANY OF THE BEAUTY AND WELLNESS SERVICE PROVIDERS AND DOES NOT PROVIDE THE SERVICES RENDERED BY SUCH BEAUTY AND WELLNESS SERVICE PROVIDERS. BOOMZIP REQUESTS COPIES OF BEAUTY AND WELLNESS SERVICE PROVIDERS’ LICENSES AND OTHER BACKGROUND INFORMATION, BUT BOOMZIP DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION-GATHERING OR THAT A PARTICULAR BEAUTY AND WELLNESS SERVICE PROVIDER IS QUALIFIED TO PERFORM ANY GIVEN SERVICE; AND IT IS SOLELY THE RESPONSIBILITY OF EACH BOOMZIP CUSTOMER, AND NOT BOOMZIP, TO DETERMINE WHETHER A GIVEN BEAUTY AND WELLNESS SERVICE PROVIDER IS QUALIFIED AND CAPABLE OF RENDERING SERVICES. FURTHER, BOOMZIP DOES NOT AND CANNOT GUARANTEE THAT ITS IDENTITY VERIFICATION PROCESSES (WHETHER OF BOOMZIP CUSTOMERS OR BEAUTY AND WELLNESS SERVICE PROVIDERS) ARE ACCURATE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, BOOMZIP DISCLAIMS ANY LIABILITY ARISING OUT OF BOOMZIP’S FAILURE TO ACCURATELY VERIFY THE IDENTITY OF A BOOMZIP CUSTOMER OR BEAUTY AND WELLNESS SERVICE PROVIDER. YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS’ PERSONAL PROPERTY AND PERSONAL SAFETY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY THIRD PARTY YOU INTERACT WITH IN OR THROUGH THE SERVICE.
Limitation on Liability – Terms
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, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 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 BOOMZIP 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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination
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 Website 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.
Eligibility – Terms
If you are using the Service on behalf of an individual, company, entity, or organization (each, a “Guest”), you represent and warrant that (A) you are an authorized representative of such Guest with the authority to bind such Guest to these Terms, (B) agree to be bound by these Terms on behalf of such Guest, and (C) your Guest meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be solely responsible for ensuring your Guest complies with these Terms.
Credentials – Terms
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify BOOMZIP immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at www.BOOMZIP.com/contact-us. You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. BOOMZIP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by BOOMZIP or another party due to someone else using your account or password.
Your Responsibilities and Our Action – Terms
You may use the Service solely for lawful purposes, and (unless you are a Service Provider, Concierge Member, BoomZip Ambassador, or Affiliate Member) non-commercial purposes as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
- restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
- use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service to contact Service Providers for sexual or other inappropriate purposes, or using the Service in violation of BOOMZIP’s or any third party’s intellectual property or other proprietary or legal rights; or
- use or access the Service to build a competing service.
We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
Concierge Members, Ambassadors and Affiliate Members
- Concierge Bookings. If a BOOMZIP Customer is a concierge that books services on behalf of third parties, including Guests (“Concierge Member”), then this section applies to such Concierge Member’s use of the Service in addition to all other terms and conditions in these Terms.
- No Conflicts. By accessing and/or using the Service as a Concierge Member, you hereby represent, warrant and covenant to us that such access and/or use of the Service does not and will not violate any contract or agreement between you and any third party, including, without limitation, your employer.
- Concierge Members, Ambassadors and Affiliate Members. Concierge Members, Ambassadors and Affiliates may receive a fee for any services booked through the Service in an amount set forth on the Service, which amount BOOMZIP may change from time-to-time in its sole discretion). The Concierge Member, Ambassador and Affiliate must provide to BOOMZIP any information and/or documentation that BOOMZIP needs to pay the earned fee (which may include a W-9 form and any other tax-related information). With respect to each service the Concierge Member books through the Service, the Concierge Member must include all information required by the Service and any other relevant information that would be necessary and/or helpful to enable the Beauty or Wellness Service Provider to provide the service, which includes, without limitation, the service recipient’s name and address and any parking instructions.
Additional terms governing Beauty and Wellness Service Providers with respect to providing services are set forth in BOOMZIP’s Independent Contractors Agreement and Terms of Service.
Consent to Electronic Communications
SMS Text Messages and Push Notifications. When you register with BOOMZIP, BOOMZIP will send you an SMS text message containing a 4-digit code in order to verify your phone number and will send SMS text messages and push notifications (“Messages and Notifications”) in order to keep you informed about the Service. For example, BOOMZIP will send you a text message to confirm or remind you of your service appointment. By using the Service, you agree to receive Messages and Notifications regarding your use of the Service. SMS text messages are for informational purposes only. Messages and Notifications are intended to enhance your use of the Service.
Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold BOOMZIP liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™, or Sprint) create no obligation or responsibility on the part of BOOMZIP, and that BOOMZIP is not responsible for any failure of warranty by any such third party.
BOOMZIP cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
Content Submitted to and through BOOMZIP
Sending Messages. The Service may allow Beauty and Wellness Service Providers and BOOMZIP Customers to exchange messages (“Messages”) with each other. Sending Messages is a privilege, not a right, and BOOMZIP may terminate such privileges of any user at any time and for any reason, without any liability to such user. Harmful, obscene, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify us by sending a message to us via www.BOOMZIP.com/contact-us. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that BOOMZIP may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as BOOMZIP may deem appropriate in its sole discretion.
BOOMZIP may provide contests on the Service. The rules, regulations, and procedures governing such contests (“Contest Rules”) will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.
BOOMZIP will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond BOOMZIP’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays BOOMZIP in fulfilling its obligations hereunder.
While our staff continually works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our Users. If you send us or our employees any ideas or suggestions for products, services, features, modifications, enhancements, content, promotions, strategies, or product/feature names, or any related materials (collectively “Feedback”), then regardless of what your communication may say, the following terms apply, to avoid future misunderstandings. By sending us Feedback, you agree that:
- BOOMZIP will own, exclusively, all known or later discovered rights to the Feedback;
- BOOMZIP will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and
- BOOMZIP will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Information about BOOMZIP and contact details
How we may contact you. If we have to contact you we may do so by telephone or by email or other electronic notification to the number and/or address you provided when you registered for an Account.
Email and other electronic notifications count as “in writing”. When we use the words “writing” or “written” in these Terms, this includes emails and notifications sent to your phone. For contractual purposes, you consent to receiving communications from BOOMZIP by email and notifications sent to your phone.
The following terms under this “E-Gift Cards” heading relate to you as the purchaser or user of gift cards purchased through the Website (“Gift Cards”). IF YOU DO NOT AGREE TO THESE TERMS YOU SHOULD NOT PURCHASE GIFT CARDS THROUGH THE SITE OR APP.
Use and Limitations. Gift Cards cannot be used to purchase other gift cards. To the fullest extent of the law, Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Unused Gift Card balances in an account may not be transferred. Unless otherwise required by law, Gift Cards are not returnable or refundable for cash. If applicable law permits the card-holder to cash-out a Gift Card, such request may be made to www.BOOMZIP.com/contact-us. To the fullest extent of the law, Gift Cards may not be sold or bartered to third parties. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via Websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you request and obtain the prior written approval of BOOMZIP’s president. BOOMZIP will not be liable with respect to any Gift Card that is obtained from unauthorized sellers or resellers, including through Internet auction sites. Use of BOOMZIP’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of BOOMZIP Gift Cards is strictly prohibited. Furthermore, the use of BOOMZIP Gift Cards in any manner that states or implies that any person, Website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, BOOMZIP, or any of its subsidiaries or affiliates is prohibited.
Risk of Loss. If your Gift Card is lost or stolen, immediately contact customer service at www.BOOMZIP.com/contact-us. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to BOOMZIP. BOOMZIP and its affiliates shall have no liability to you for: lost or stolen Gift Cards; or use of any Gift Cards by third parties through your account that is not attributable to the negligence or misconduct of BOOMZIP. You are responsible for keeping the username and password for your Account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of BOOMZIP. Notwithstanding the above, the risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable.
Issuer. Gift Cards are issued by BOOMZIP Merchandise, a subsidiary of BOOMZIP.
Payments, Cancellation and Rescheduling – Regarding Customers and Service Providers
Each Beauty and Wellness Service Provider hereby appoints BOOMZIP as the Beauty and Wellness Service Provider’s limited payment collection agent solely for the purpose of accepting applicable payment from Customers. Each Beauty and Wellness Service Provider agrees that payment made by a Customer through BOOMZIP shall be considered the same as a payment made directly to the Beauty and Wellness Service Provider, and the Beauty and Wellness Service Provider will provide its services to the Customer in the agreed-upon manner as if the Beauty and Wellness Service Provider has received the payment. BOOMZIP reserves the right to charge the Beauty and Wellness Service Provider a commission on the fees paid by a Customer to the Beauty and Wellness Service Provider for the provision of Beauty and Wellness Service Provider’s services (“BOOMZIP Commission”). Each Beauty and Wellness Service Provider understands that BOOMZIP accepts payments from Customers as the Beauty and Wellness Service Provider’s limited payment collection agent and that BOOMZIP’s obligation to pay the Beauty and Wellness Service Provider is subject to and conditional upon successful receipt of the associated payments from Customers. BOOMZIP does not guarantee payments to Beauty and Wellness Service Providers for amounts that have not been successfully received by BOOMZIP from Customers. In accepting appointment as the limited payment collection agent of the Beauty and Wellness Service Provider, BOOMZIP assumes no liability for any acts or omissions of the Customers. Each Customer acknowledges and agrees that BOOMZIP reserves the right, in its sole discretion, to charge Customer for and collect fees from the Customer. BOOMZIP reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by BOOMZIP, as a result of any mistake or error, including any mistaken pricing or service description or other error.
Cancellations and Rescheduling. If you are a Beauty or Wellness Service Provider or Customer, you agree to BOOMZIP’s cancellation and rescheduling policy and the associated charges and payments, the terms of which are located in the FAQ section of www.BOOMZIP.com and are incorporated herein by reference.
Our Responsibility for Loss or Damage
THE SERVICES ARE PROVIDED “AS IS.” YOU AGREE TO USE THE SERVICES SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT ANY DAMAGES TO YOU, WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING. YOU UNDERSTAND AND ACKNOWLEDGE THAT BOOMZIP ONLY PROVIDES A PLATFORM FOR COMMUNICATION BETWEEN SERVICE PROVIDERS AND CUSTOMERS, AND AS SUCH BOOMZIP DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY SERVICE PROVIDER(S) OR OTHER CUSTOMER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY SERVICE PROVIDER(S) ARE MADE SOLELY AT THE DISCRETION OF THE SERVICE PROVIDER AND BOOMZIP HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE SERVICE PROVIDER(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT BOOMZIP SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE SERVICE PROVIDER TO YOU AS A RESULT OF YOUR USE OF THE SERVICE(S).
THE WEBSITE IS NOT BESPOKE TO YOU. YOU ACKNOWLEDGE THAT THE WEBSITE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE WEBSITE MEET YOUR REQUIREMENTS.
WE ARE RESPONSIBLE TO YOU ONLY FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US. IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREAKING THESE TERMS OR OUR FAILURE TO USE REASONABLE CARE AND SKILL, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THESE TERMS ARE ENTERED INTO AND BOTH WE AND YOU KNEW IT MIGHT HAPPEN.
WE ARE NOT LIABLE FOR BUSINESS LOSSES. IF YOU ARE AN INDIVIDUAL CUSTOMER, WE ONLY MAKE THE WEBSITE AVAILABLE FOR YOUR DOMESTIC AND PRIVATE USE. IF YOU ARE A SERVICE PROVIDER AND USE THE WEBSITE FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
To Corporate Customers and Service Providers
BOOMZIP DOES NOT MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE SERVICES. YOU AGREE THAT ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY SERVICE PROVIDERS OR CUSTOMERS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE SERVICE PROVIDER OR CUSTOMER (AS APPLICABLE) AND NOT BOOMZIP. THE SERVICES ARE PROVIDED “AS IS.” YOU AGREE TO USE THE SERVICES SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT ANY DAMAGES TO YOU, WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING. YOU UNDERSTAND AND ACKNOWLEDGE THAT BOOMZIP ONLY PROVIDES A PLATFORM FOR COMMUNICATION BETWEEN SERVICE PROVIDERS AND CUSTOMERS, AND AS SUCH BOOMZIP DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY SERVICE PROVIDER(S) OR OTHER CUSTOMER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY SERVICE PROVIDER(S) ARE MADE SOLELY AT THE DISCRETION OF THE SERVICE PROVIDER AND BOOMZIP HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE SERVICE PROVIDER(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT BOOMZIP SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE SERVICE PROVIDER TO YOU AS A RESULT OF YOUR USE OF THE SERVICE(S).
LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT BOOMZIP, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR: (A) ANY LOSS OF PROFITS; (B) ANY INDIRECT OR CONSEQUENTIAL LOSS; OR (C) TO THE EXTENT THAT YOU EXPERIENCE ANY LOSS OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, INTERACTIONS WITH SERVICE PROVIDER(S) OR OTHER CUSTOMERS.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BOOMZIP, ITS AFFILIATES, AGENTS, CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS, FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT.
Delay and Enforcement
Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
We respect the intellectual property of others and ask that users of our Website and Services do the same. In connection with our Website and Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated address for these Copyright issues:
8924 E. Pinnacle Rd, Suite G5-420
Scottsdale, AZ 85255
Changes to Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Website. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation, enforceability and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or the service providers or our employees, agents, successors, or assigns, will exclusively be settled through binding arbitration.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one neutral arbitrator with substantial experience in resolving consumer contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Consumer Arbitration Rules (which can be found here: https://www.adr.org/Rules).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (g) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Phoenix, Arizona in order to maintain the status quo pending arbitration, and hereby agrees to submit to the exclusive personal jurisdiction of the courts located within Phoenix, Arizona solely for such purpose. This shall not be deemed to include disputes regarding the interpretation, enforceability and scope of this arbitration provision and/or the arbitrability of any controversy, dispute, demand, count, claim, or cause of action, which disputes shall be resolved exclusively by the arbitrator. A request for interim measures will not be deemed a waiver of the right to arbitrate.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. In any case in which the dispute is initiated or pursued as a class, collective or representative action, and any part of either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the class, collective, or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of subpart (a) or (b) that is enforceable shall be enforced in arbitration. Any dispute or claim not covered by this arbitration provision as described herein must be exclusively brought in state or federal court in Phoenix, Arizona.
For more information on AAA, its Rules, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Choice Of Law
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Arizona, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. If you are a provider of services from the BoomZip platform, your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.
Payment processing services for Independent Contractors on BOOMZIP are provided by Stripe and are subject to the Stripe Connected Account Agreement (found at https://stripe.com/connect-account/legal), which includes the Stripe Terms of Service (found at https://stripe.com/legal) (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or operating as an Independent Contractor on BOOMZIP, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of BOOMZIP enabling payment processing services through Stripe, you agree to provide BOOMZIP accurate and complete information about you and your business, and you authorize BOOMZIP to share it and transaction information related to your use of the payment processing services provided by Stripe.
Copyright/Trademark Information. Copyright © 2016-2019 BOOMZIP. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
8924 E. Pinnacle Rd, Suite G5-420
Scottsdale, AZ 85255