EverFabs provides Services (The Services) to you that assist in the securing of beauty appointments at participating third party salons or spas. You generate an online request and we will determine availability of appointments at the time of your query. We will provide confirmation of your appointment via email. By using EverFabs's Services, you agree to receive appointment confirmation, reminders, and review requests via SMS or email after the time at which an appointment is booked.
The Services are being offered to you for your personal use. You agree to use the Services only to book appointments at participating salon/ spas and then honor those appointments by arriving at the salon/ spa(s) on time and paying for the service upon receipt of that service through the EverFabs application. Further, you agree not to book more than one (1) appointment for your personal use during any one time. Resale or attempted resale of appointments is prohibited, and is grounds for, among other things, removal of your ability to book future appointments via EverFabs.
Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. EverFabs reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel appointments.
EverFabs is committed to providing superior quality services to its users and salon/ spas. To assist us in maintaining a consistently high level of service with the participating salon/ spas and patrons, users are asked to cancel in advance any appointments that they will be unable to honor. A link will be provided in the appointment confirmation SMS and/or email sent to you upon having confirmed an appointment with EverFabs. The link may be followed to cancel or amend an appointment.
If you are unable to honor your appointment and you fail to cancel the appointment in advance, EverFabs will send you an email letting you know that our records indicate that you were a no-show. You will be losing full amount as a no-show penalty. By using the Services, you agree to receive no-show confirmations by email after a salon/ spa and/or the EverFabs Platform reports your appointment was not honored, whether or not that was in fact the case. Be advised that EverFabs reserves the right to remove your ability to make further appointments via EverFabs if you no-show for three appointments within the same twelve-month period. If you receive a no-show confirmation email in error, please email us at support@EverFabs.com to rectify. All final no-show determinations will be made by EverFabs in its sole discretion.
As part of the consumer registration process, you will provide an e-mail address and create a password, or will register by connecting your Facebook account to the Platform. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to team@EverFabs.com
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree and acknowledge that you may only create one account. You agree to immediately notify EverFabs of any unauthorized use of your password or account or any other breach of security. EverFabs will not be liable for any loss or damage arising from your failure to comply with this Section.
In connection with using the Platform and the Services to locate and schedule appointments with salons and spas, you understand that:
• YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN SERVICE PROVIDER.
• EverFabs selects Providers to be listed on the Platform pursuant to a contractual agreement with the Providers.
• In addition to signing a contract, Providers must pay a fee to EverFabs in order to appear on the Platform.
• EverFabs will provide you with lists and/or profile previews of Providers who may be suitable to the services that you are seeking based on information that you provide to EverFabs (such as proximity to your geographical location, and details of the services you are seeking). In an effort to aid in the discovery of Providers and enable the maximum choice and diversity of Providers who participate in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other EverFabs users, and past experience of EverFabs users with Providers); but EverFabs (i) does not make any representations or warranties with respect to these Providers or the quality of the services they provide, and (ii) does not receive any additional fees from Providers for featuring them through the Services.
• EverFabs uses reasonable efforts to ensure that Providers only participate in the Services if they have the certifications necessary to provide these services and who remain qualified to provide these services. EverFabs may also exclude Providers who, in EverFabs's discretion, have engaged in inappropriate or unprofessional conduct.
The materials and services provided for and depicted on the EverFabs Platform are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the EverFabs Platform ("EverFabs Content") is provided to you by EverFabs for the sole purpose of using the Services. You shall not copy, display, modify, create derivative works of, publish, or sell the EverFabs Content or any information, software, or services provided by EverFabs hereunder. EverFabs Content may be modified from time to time by EverFabs in its sole discretion.
Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the EverFabs Content by users shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of EverFabs or its licensors in the Services or EverFabs Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of EverFabs or any third party is granted under this Agreement.
The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Platform from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Plaatform through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding EverFabs and other entities by SMS, MMS, text message, push notification or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
At EverFabs's invitation, users may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to salon/ spas and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. EverFabs reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.
Much of the information on the EverFabs Platform is updated on a real time basis and is proprietary or licensed to EverFabs by its salon/ spas or third parties. You are responsible for all use of the Platform and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Platform and the Services for lawful, non-commercial purposes only. You may not use the Platform 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 Platform or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide EverFabs information regarding your credit card or other payment instrument. You represent and warrant to EverFabs that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay EverFabs the amount specified by EverFabs in accordance with the terms of such plan and these Terms of Service. Any fees that EverFabs may charge you for the Service are due immediately and are non-refundable. This no refund policy shall apply at all times, regardless of your decision to terminate your usage, our decision to terminate your usage or disruption caused to the Service for any reason whatsoever.
The Service may offer invitation/referral codes that are meant for sharing among friends and may become invalid if publicly posted via third party websites or otherwise. An invitation/referral code may be used by one user only and EverFabs reserves the right to suspend your account and/or revoke any and all invitation/referral credits at any time if EverFabs feels they were earned inappropriately.
Company offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
• Company and you acknowledge that these Terms of Service are concluded between Company and you only, and not with Apple, and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Company and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enable Software as a third party beneficiary thereof.