Welcome to www.instamall.com, the online home of online Booking’s services. These terms of service shall oversee and administer every user’s and professional’s use of our internet-based and mobile services, and all business tools offered by Instamall, LLC. through our website as well as through mobile applications.
Such services, applications and the Website are collectively referred to as the "Services".
You hereby agree that these Terms of Service shall encompass all documents such as:
All subscription agreements relating to the provision of our Services (each, called a "Subscription") effected by you or that you accepted through email or online,
Any dispute resolution procedures or community guidelines that we may provide.
These other documents shall be considered as part of these Terms of Service and shall be so integrated by reference into these Terms of Service in its entirety.
These Terms of Service will take precedence should there be a conflict between these Terms of Service and any Subscription agreement. Any reference to these Terms of Service shall mean a reference to all such incorporated guidelines, policies, schedules, programs, and processes.
These Terms of Service will take precedence should there be a conflict between these Terms of Service and any other terms uploaded on the Website.
The terms of the End User License Agreement (EULA) shall take precedence should there be a conflict between these Terms of Service and the in mobile applications.
You hereby agree that these Terms of Service apply to any use of our Services, be it in connection with a Subscription or for a free trial.
WE ASK THAT YOU CAREFULLY READ THESE TERMS OF SERVICE, AS IT IS A LEGAL AGREEMENT BETWEEN INSTAMALL AND YOU FOR THE PROVISION OF THIS SERVICE. BY EFFECTING A SUBSCRIPTION AGREEMENT, AND/OR BY USING THESE SERVICES, YOU ARE IN ACCEPTANCE OF AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE. YOU ALSO REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DISAGREE WITH ANYTHING IN THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY DESIST FROM USING THE SERVICES.
If you are representing an organization, association, government, or other lawful entity, and are accepting these Terms of Service on their behalf, you represent and pledge that you have the full authority and authorization to do so.
The INSTAMALL Services are protected by international copyright treaties, copyright laws, and other intellectual property laws and treaties. Unapproved proliferation or dispersion of the Services, or any segment of them, may result in severe civil and serious criminal penalties, and will be prosecuted to the maximum extent permissible by law. The Services are licensed, not sold.
THE INSTAMALL SERVICES
Instamall is a platform that is set up to connect merchants, service provider, stylists as well as other Professionals providing hair, nails, yoga, wax, massage, and all other beauty salon and services ("Beauty salon services") with clients looking to procure such services ("Clients"). Both Professionals and Clients are collectively referred to as “Users” of the Services provided by Instamall.
FEES AND PAYMENT
Fees for the Subscription ("Subscription Fees") are put forward (a) in this, (b) on the web as well as (c) in an independently executed or acknowledged Subscription between you and Instamall.
You consent to pay Instamall the Subscription Fees, and whatever other relevant fees as might be consented to by you. All fees are non-refundable and are non-transferable aside from those explicitly provided for in these Terms of Service. Unless stated to the contrary, all fees must be paid ahead of each billing period.
As a Professional using our services, you hereby authorize us to confirm that the credit card account or any other payment method associated with your Account and used in connection with the Instamall Services is in good standing with a reputable financial institution and shall continue to do so as long as you use our Services. You authorize us to acquire credit reports or other financial background checks occasionally to assess your eligibility to continue to use the Services.
All balances, fees, payments, and charges paid or collected through the Services are denominated in US dollars.
All users of the Service will be responsible for all applicable taxes such as but not limited to VAT required to be paid on the Services provided under the Agreement.
Your Subscription shall begin on the date that you agree to accept a Subscription and submit payment. Every Subscription cycle is one-month long, except otherwise communicated to you at the subscription time. Subscription will automatically be renewed on a monthly basis except you inform us of your decision to end your subscription, or until we terminate your subscription.
Our policy is to bill users on the monthly anniversary of such user’s first payment your Subscription. We will bill you on the last day of every month if your Subscription begins on a date that doesn't occur every billing cycle (e.g., the 31st).
We may however at any time change the timing of our billing. You agree that we may vary the amount billed to you each month due to promotional offers and/or changing or adding to your Subscription plan. You hereby authorize Instamall to charge you for these differing amounts as necessary.
We may adjust the pricing for our Subscription Services at any time, and will give you at least fourteen (14) days prior notice before we do so. Except expressly communicated otherwise, all price changes to subscriptions take effect on the next billing cycle. To continue to use the Services, you must agree to the change in fees. If you do not agree, you may cancel your account by following the cancellation procedures after logging into your account. You may also notify us of your decision to cancel your account by emailing us.
Instamall may occasionally offer trial memberships which may include discounted or free access to the Subscription for as long as the trial period lasts. You agree that all trial membership routinely change to regular monthly subscriptions except cancelled at least forty-eight (48) hours before the end of the trial period. You may cancel your subscription by following the cancellation procedures after logging into your account. You may also notify us of your decision to cancel your account by emailing us.
All users may end their Subscriptions at any time, and will not be charged for the next month of the Subscription Service, provided such cancelation is done at least forty-eight (48) hours before the next billing cycle. Any questions about individual billing cycles should be addressed by logging onto user accounts to view billing cycle details.
No user shall be entitled to a prorated refund or any quota of Subscription Fees paid for the then-current monthly subscription cycle. Users will continue to have access to the Subscription Services through the end of their current billing cycle, following cancelation of subscription.
We may from time to time, either as a Instamall Program or otherwise, make available special services to Professionals and/or Clients for a supplementary fee that would enable Professionals and Clients to connect more easily and help Professionals grow their business.
Instamall only makes available a platform for Clients and Professionals to connect and thus serves only in the capacity of facilitating the provision of hair, nails, yoga, wax, massage, and beauty salon services. We do not provide or contract for such Services, and Clients and Professionals contract independently of us for the provision and receipt of such Services.
Each Client bears sole responsibility for choosing the Professional, the beauty salon Services to be provided, as well as the location at which beauty salon Services will be performed, be it on the professional’s premises or at a location chosen by the Client.
All and any decisions by a Professional to provide beauty salon Services or by a Client to receive beauty salon Services are made in such persons’ sole discretion and they do so at their own risk. All Users under this agreement comprehend and concede that we do not conduct background checks on Clients; and that any provision of beauty salon Services in a private location fundamentally increases the risks involved for Professionals and Clients, as well as any employees of Professionals.
Each Professional has the right to decide if a Client is suited to such a Professional's services and is recommended to exercise common sense and caution to protect the personal safety and property of such Professional and its employees.
NEITHER INSTAMALL NOR ITS ASSOCIATES OR LICENSORS SHALL BEAR RESPONSIBILITY FOR THE CONDUCT, WHETHER OFFLINE OR ONLINE, OF ANY USER OF OUR SERVICES. YOU THUS RELEASE US AND OUR AFFILIATES AND LICENSORS FROM ANY LIABILITY LINKED THERETO. WE AND OUR AFFILIATES AND LICENSORS WILL NOT BEAR LIABILITY FOR ANY CLAIM, DAMAGE OR HARM RESULTING FROM YOUR USE OF THE SERVICES.
Instamall does not control the suitability, quality, timing, reliability, legality, failure to provide, durability, or any other feature of any beauty salon Services made available by Professionals. We do not have any control on the veracity, accountability or any of the actions or lapses whatsoever of any Client or Professional. Instamall does not give any guarantees or warranties in any way as regards the beauty salon Services provided by Professionals or requested by Clients through use of the Services, be it in private, public, or offline communications, or about the registration, accreditation or licensing of any Professional.
You acknowledge and understand that we do not routinely screen our Users, make inquiries into their backgrounds or attempt to validate information provided by Users. We do not substantiate or confirm that users are who they claim to be or are truthfully representing themselves, neither do we substantiate or corroborate any representations with respect to beauty salon Services on the Services.
Instamall does not accept any obligation or answerability for the accurateness or trustworthiness of this information or any other information provided through the Services. Despite the foregoing, Instamall may, but is not beholden to, cross-check the experience and background of Professionals through first party interviews and third-party background check services, counting but not restricted to a substantiation of identity and a complete criminal background check. We may refuse services to a Professional if we discover unfavorable information during such first party interviews and background checks.
Professionals may require Clients to provide credit card or other payment information In connection with beauty salon services, if so approved by Instamall . Professionals may at their discretion, charge fees for clients’ reservations, including missed and cancelled appointments, but such fee charging must be in harmony with any policy posted on your Instamall page at the time of the Client's booking. While we take reasonable efforts to ensure the secure transmission of your information to third parties who assess and process payments, we are not responsible for any charges assessed by such third parties or any mistakes in the third parties’ processing of payments, including any mistakes that may result from third-party carelessness, inappropriate transmission of payment information, a Client's incorrect submission of payment information or a client’s submission of erroneous payment information.
You hereby agree and pledge to honor clients’ reservations through the Services, and you will inform them in advance to resolve any scheduling conflicts to the Client's and Instamall's satisfaction.
By your creation of an account with Instamall, signing up for a Subscription and paying the relevant Subscription Fee, Instamall grants you the authority to use the Services we provide, subject to the constraints explained in these Terms of Service and whatever other constraints stipulated to you by us in writing.
During the registration process, we will ask you to provide information including your name and other private and business information (including information concerning any licensing and registration applicable to you where you are the service provider).
To access any funds that you accept through the Services, You must complete the registration process and other processes. During the account registration process, you consent to provide correct, truthful, up-to-date and complete information about yourself as asked and as requested from time to time by Instamall. You further agree that, in providing such information during registration, you will not deliberately misrepresent or omit any material information or data and that you will promptly advise us of any updates or changes to your Registration Data. Furthermore, you consent and permit us to verify your Registration Data as required for your use of and access to the Services. Instamall reserves the right to temporarily suspend or permanently terminate the Account of any User who provides inaccurate, false, or fragmented information, or does not comply with all our account registration requirements.
When you enroll for the Services, we will provide you with a distinct user identification and password regarding your Account. We ask that you use your business' accurate and true name when signing up for an Account. You are required to choose a suitable and non-offensive Account ID that judiciously describes your business. This name must appear on your credit or debit card statement for all payments you accept using the Services. We reserve the right to reclaim or remove any Account ID if we reasonably believe that the Account ID is unsuitable, offensive or confusing or potentially violates the rights of a third party.
By creating an Account, you affirm that you are:
a legal resident of the United States,
a United States subject, or
a business entity approved to conduct business by your state(s) of operation.
For U.S.-based Users, you may only use your Account and The Services for business purposes in the fifty states of the USA and the District of Columbia. You are prohibited from exporting the Services directly or indirectly, and you admit that the Services may be made subject to export restrictions imposed by United States law, including US Export Administration Regulations (15 C.F.R. Chapter VII).
All international users are required to comply with relevant international law.
You agree to be the sole user of your Account, and must not allow another entity under any circumstances to use your Account IDs to access or use the Services. You bear sole and total responsibility for preserving the confidentiality of your Account IDs and for any damages, charges, losses or liabilities sustained or experienced resulting from your failure to do so. We will bear no liability for any damage caused by the theft or disclosure of your Account IDs, or your authorization to allow a third party to access or use the Services using your Account IDs.
You bear sole and total responsibility for any and all activities that occur under your Account including any charges relating to the Services that you may incur. You agree to straightaway notify us of any unapproved use of your Account or any other violation of security known to you. You agree that the complete privacy of your information and messages transmitted while using the Services cannot be hundred per cent guaranteed.
Linking Your Account
Users are permitted to link their Instamall Account with other online accounts they may have with third party service providers by either:
providing such Third Party Account login information through the Instamall Services; or
allowing Instamall to access such Third Party Account, as is permitted under the appropriate terms and conditions that govern the user’s use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to Instamall and/or grant Instamall access to your Third Party Account without violation by you of any of the terms and conditions that administrate your use of the relevant Third Party Account and without obligating Instamall to pay any fees or making Instamall subject to any usage limitations imposed by such third party service providers.
By granting Instamall access to any Third Party Accounts, you understand that (i) Instamall may access, make available and store (if possible) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is accessible on and through the Services via your Account, including without limitation any friend lists, and (ii) Instamall may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Except otherwise specified in these Terms of Service, all SNS Content, assuming any, shall be considered to be Content for all purposes of these Terms of Service.
Depending on the Third Party Accounts you choose and the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you upload to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Instamall's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to deactivate the connection between your Account and your Third Party Accounts at any time.
YOU AGREE THAT ALL USER RELATIONSHIPS WITH THIRD PARTY SERVICE PROVIDERS IS GOVERNED EXCLUSIVELY BY USER AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review any SNS Content for any purpose, including but not limited to, for correctness, legality or non-infringement, and Instamall is not responsible for any SNS Content.
We may access your e-mail address book associated with a Third Party Account and your contacts list stored on your tablet, mobile device, or computer exclusively for the purposes of identifying and informing you of those contacts who have also registered to use our Services. At your request made via e-mail, we will deactivate the connection between the Instamall Services and your Third Party Account any information stored on Instamall's servers that was obtained through such Third Party Account will be hidden, except the username and profile picture associated with your Account.
TERMINATION OF SUBSCRIPTION AND ACCOUNTS
Right to Terminate
Instamall, in its sole discretion, reserves the right to terminate your Subscription, Account, or use of the Services, if you are found to breach these Terms of Service, or for any/no reason at any time. Instamall may also restrict your access to the Services and your Account (with the inclusion of the funds therein) if:
you violate the terms of these Terms of Service, any other agreement you have with Instamall, including without limitation the EULA, or Instamall's policies,
you constitute an unacceptable credit or fraud risk to Instamall,
you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct and/or
for any other reason in Instamall's sole discretion. This includes the right to change or terminate any Subscription prior to the end of any pre-paid period.
As a user, you may terminate these Terms of Service and/or the EULA by terminating your Account at any time. Once you have this closed the account, any incomplete transactions will be cancelled. We will pay you any funds that we are holding in custody at the time of closure, less any applicable Fees.
We may hold your funds as described herein If an investigation is pending at the time you close your Account. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.
Should your Subscription and/or Account be permanently terminated or temporarily suspended for any reason, you agree:
That you will continue to be bound by these Terms of Service,
to immediately stop using the Services,
that any licenses that we grant to you under these Terms of Service shall end,
that Instamall reserves the right (but has no obligation) to hide or delete all of your information and account data stored on our servers, and
that Instamall shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data.
that Instamall may retain and use your information and account data as needed to comply with investigations and applicable law.
We will not be obligated to you for remuneration, repayment, or other harms regarding your use of the Services, or regarding any end or suspension of the Services. The termination of these Terms of Service does not divest you of any duties to pay any Fees or costs gathered before the termination.
Professionals may use the Instamall Services to offer Beauty salon services only through their personal or business website or a software application which may also be known as a "Professional Site". We reserve approval authority as to the implementation and use of the Services on the Professional Site. We may suspend the Services in the occasion that we discover any implementation issues with the Professional Site. Such suspension would remain until the Professional redresses any issues determined by Instamall. A suspension shall not in any way free a Professional from his/her payment obligations under these Terms of Service.
By creating an Account as a Professional, you certify that you are, or if you are a salon, merchant or other business entity, all of your employees, independent contractors or agents who are providing the Beauty salon services each are, a licensed professional and that your business information is correctly represented on Instamall. You further certify that you are duly licensed to provide Beauty salon services "in-home" or otherwise outside your place of business should you advertise such Beauty salon services on Instamall. Instamall reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself.
As a Professional, you may not use our services to accept payments from or in relation with these businesses or business activities:
costs associated with buyers or membership clubs
illegal activity or goods,
direct marketing or subscription offers or services,
credit counseling or credit repair agencies, as well as credit protection or identity theft protection services,
internet/mail order/telephone order pharmacies or pharmacy referral services infomercial sales,
unapproved multi-level marketing businesses,
inbound or outbound telemarketers,
prepaid phone cards or phone services,
rebate based businesses,
betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races,
bill payment services,
manual or automated cash disbursements,
sales of money-orders or foreign currency,
prepaid cards, checks, or other financial merchandise or services,
wire transfer money orders,
high-risk products and services, including telemarketing sales,
automated fuel dispensers,
service station merchants,
adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material),
internet/mail order/telephone order cigarette or tobacco sales,
sales of firearms, firearm parts or hardware, and ammunition; or weapons and other devices designed to cause physical injury
hate or harmful products,
escort services, and/or
bankruptcy attorneys or collection agencies engaged in the collection of debt.
PAYMENT PROCESSING SERVICES
The Services makes it possible for Clients to make payment and for Professionals to accept payments, counting Card-based payments of MasterCard International Inc. and Visa Inc. Instamall is not a bank and does not in any way offer banking services as defined by the United States Department of Treasury.
To facilitate the processing of payments that Professionals receive from Clients, we collect, analyze and relay information generated in connection with these payments.
Professionals authorize us to hold, accept, and expend funds on their behalf. Your authorization permits us to create a paper draft or an electronic funds transfer to process each payment transaction authorized by you. You agree that your authorizations will remain in force until your Account is closed or terminated.
THIRD PARTY PAYMENT SERVICE PROVIDER
We will require you to provide your credit card or bank account details to us and the Payment Service Provider retained by us (the "PSP"). You must provide Instamall with correct and complete information about you and your business. You also authorize Instamall to share such credit card/bank account details and transaction information related to your use of the PSP services.
Professionals may be required to register with the PSP, agree to a PSP Account Agreement and the Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP.
We reserve the right, but not the obligation, to place on hold any payments from the Client for Beauty salon services and out of pocket expenses, or to refund, provide credits or arrange for the PSP to do so.
UNAUTHORIZED OR ILLEGAL USE
We may choose not to approve or settle any transaction submitted by you if we believe that the transaction violates these Terms of Service or any other Instamall agreement, or that it may be harmful to Professionals, other Instamall Users, the PSP or Instamall. Harm, in this context, includes fraud and other criminal acts as determined by us in our sole discretion. If we sensibly suspect that your Account has been used for an unapproved, unlawful, or criminal transaction, we will as a matter of policy share information your information and your Account and transactions information with law enforcement.
We accept almost all US-issued and most non-US issued credit, prepaid, debit, or gift cards with a Visa, Discover or MasterCard logo. We may add or remove Cards that we initially accepted at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer.
You acknowledge that there will be times when the Client is not the authorized user of the Card or that Clients may contest transactions through the Chargeback process. You agree to comply with the Chargeback process and to bear liability associated with such Chargebacks.
NETWORK RULES THAT APPLY
The Networks require that professionals and Instamall comply with all appropriate regulations, rules, and bylaws, and these rules and regulations may be amended from time to time. We may be required to change these Terms of Service in relation to amendments to the Network Rules. Important portions of the Network Rules are available to the public at www.mastercard.com, www.visa.com, and www.americanexpress.com.
These rules currently forbid you from dispensing cash on any Card transaction. The Rules also restrict you from assessing a surcharge or splitting a single transaction in to multiple transactions except in some limited situations.
ACCESS TO ACCOUNT FUNDS
Once we have deducted our fees, we will deposit amounts that we receive for transactions you submit through the Services to your verified bank account.
Should the bank account linked to your Account be incorrect and we are thus unable to debit or credit such a bank account, we will de-link the bank account from your Account.
Kindly request a physical check if you do not have an ACH-enabled bank account linked to your Account. You agree that check requests may be subject to an identity verification process and a processing fee. It is your duty to request a check or else link an ACH-enabled bank account to your Instamall Account in order to receive your funds.
We will not deposit any funds for any given transaction until the transaction is deemed complete. Transactions are defined as complete when we have received or sent the funds and when we or the designated financial institutions have accepted the transaction or funds.
STANDARD SCHEDULE OF PAYOUTS
Once your US bank account is validated, and has a minimum of ten dollars in it, Instamall will automatically initiate a payout to your bank account at the close of business every day when you have more than ten dollars in your account. Payouts to your bank account for payments received before 4pm Pacific Time will usually fund the next business day.
AVAILABILITY OF FUNDS
We may defer payout or restrict access to your funds Should Instamall need to conduct an investigation or resolve any pending dispute related to your Account, for the entire time it takes for us to do so. Instamall may also restrict access to your funds or defer payout as necessary to comply with appropriate law or court order.
It is your responsibility to:
determine any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services.
collect, withhold, report, and remit correct Taxes to the appropriate tax authority.
It is not our duty to determine whether Taxes apply, or to calculate, report, collect, or remit any Taxes to a tax authority as a result of any transaction. We specifically disclaim any liability for Taxes.
As a separate entity from Instamall, each Professional is solely responsible for all customer service issues relating to such his or her goods or services. This shall include but not limited to any Beauty salon services, order fulfillment, pricing, returns, order or appointment cancellation, refunds and adjustments, functionality and warranty, rebates, and feedback concerning experiences with such Professional.
Professionals must always present themselves as a separate entity from Instamall. As between Professionals and Instamall, Instamall is solely responsible for customer service issues relating to any Account, Card processing, payment, debiting or crediting.
REFUNDS AND RETURNS
By accepting payment Card transactions with Instamall, you consent to process returns of, and provide refunds and adjustments for, your goods or services in accordance with these Terms of Service and Network Rules. Network Rules require that you will
maintain a fair return, cancellation or adjustment policy;
disclose your return or cancellation policy to Clients at the time of purchase,
not accept cash or any other item of value for preparing a Card sale refund
not give cash refunds to a Client in connection with a Card sale, except required by law
must include any associated taxes in The amount of the refund/adjustment required to be refunded
not give refunds that exceed the amount shown as the total on the original sales data
issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise if you accept returns and are making an uneven exchange of merchandise (e.g., the sales price differs), and
still receive a Chargeback relating to sales even if your refund policy prohibits returns or is unsatisfactory to the Client.
LIABILITY FOR CHARGEBACKS AND FRAUDULENT ACTIONS
The amount of a transaction may be charged back to your Account or reversed if the transaction is disputed; was not authorized or we have any reason to believe that the transaction was not authorized; is reversed for any reason by the Network, our processor, or a Client or our financial institution; or is purportedly unlawful or in violation of the terms of these Terms of Service.
We will bear no liability for any harm or losses that relate Chargebacks, fraudulent charges, or other actions by any User that are dishonest, fraudulent or otherwise unacceptable as determined in Instamall's sole discretion. You thus release Instamall from any liability arising from any Fraudulent Action, and will promptly notify Instamall of any Fraudulent Actions which may affect the Services.
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve.
If we determine that you are incurring an extreme amount of Chargebacks, Instamall may establish controls or conditions governing your Account.
You permit us to share information about a Chargeback with a Client, as well as both the Client's financial institution and yours in order to mediate a Chargeback. we will release the reserved funds to your Account If the Chargeback is contested successfully. Should a Chargeback dispute not be resolved in your favor and you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these Terms of Service.
Should your account be inactive for two years, we will notify you via email and give you the option of keeping the Account open and maintaining the balance, withdrawing the balance, or requesting a check. In the event that you do not respond to our notice within thirty days, we will automatically close your Account and escheat your funds in accordance with applicable law, and if allowed, to Instamall.
Instamall will attempt to remedy processing errors that it discovers. Instamall will credit your Account for the difference If such error resulted in your receipt of less than the amount to which you were entitled, and vice versa.
Please be aware that we will only correct transactions that you process incorrectly if and when you notify us of such an error.
PROFESSIONAL'S LOYALTY PROGRAMS
We allow Professionals to offer loyalty programs to Clients. In such a case, the Professional (and not Instamall) has the responsibility to ensure that its program and all associated rewards are amenable to relevant federal and state laws. Professionals agree to make available to Clients any terms and conditions applicable to such Professional's loyalty program.
We may occasionally make available programs, opportunities, promotions, contests and sweepstakes to Users. We may change, alter, enhance, supplement or remove from the terms and conditions of any Instamall Program, including changing the name, eligibility and fees requirements for participation.
The Instamall Programs may:
offer certain benefits to Users for referring Professionals or Clients to the Services, and/or
offer certain premium services for additional fees to certain Users.
USE OF THE SERVICES; LIMITATIONS AND CHANGES TO THE SERVICES
Instamall may alter, adjust, suspend, or stop all or any part of these Services at any time, with or without reason. The operation of the Services may occasionally encounter technical problems and may not continue uninterrupted or without technical or other errors. We shall not be responsible to you or any third party for any such interruptions, problems or errors or for an absolute discontinuance of the Services. Instamall has no obligation to update or maintain the Services.
However, we will make judicious efforts to keep the Services operational all day round, except for we have planned a downtime and we will provide you notice in this case, or if the unavailability is caused by circumstances beyond our control.
As a User of our Services, you consent to be constrained by all applicable rules and laws and take full responsibility for any action you take via the Services.
Everyone, including people outside of the Instamall community, will have access to your information when you publish content or information using the "public" setting.
When you provide feedback or other suggestions to Instamall, we may use them in any way we deem fit and you hereby grant us all rights to such feedback and suggestions without any obligation to reimburse you for them.
As a registered Instamall user, you are prohibited from distributing, licensing, exhibiting, making derivative works of, or selling content from Instamall, without our prior written permission.
You may under no circumstances remove any trademark, copyright or other proprietary notices from any part or portion of our website. You must refrain from linking to, mirroring, or framing any part of our site and services; or trying to gain unapproved access to or debilitate any portion of our website and its related systems.
At Instamall, we reserve the right to fully terminate or temporarily suspend the account of any user found to be mis-using our website and/or distressing other users of the website without prior notice. You may under no circumstances use information gotten from our website to contact organizations or people for whatever reason.
You must not ill-use our website by deliberately introducing viruses, worms, trojans, logic bombs or any other malevolent or technologically injurious software. Users are prohibited from attempting to gain unapproved access to our website, our host server, or any database, or server computer related with or connected to our website.
You must not do anything that could overburden, disable, or impair the proper working of Instamall or the Services, or facilitate or inspire any violations of these Terms of Service.
You agree to keep your Registration and contact information accurate and up-to-date, as well as keep your Account IDs and Account information confidential.
We ask that you not share any protected health information with service providers through the Service. Protected health information means any information that relates to the past, present or future physical or mental health or condition of a person; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual.
You share any protected health information at your own risk.
The Instamall name, logo, website, button icons, page headers, scripts, and service names and all associated trademarks are trademarks of Instamall. The content of this website is protected by copyright, trademark, and other proprietary rights and laws. You may not replicate, upload, adapt, frame, distribute, link, broadcast, or in any way transmit any material on the Instamall website without our written authorisation. Violation of our copyright may lead to the initiation of legal proceedings against the violator.
While the copyright to content submitted by users remain theirs, by uploading content to our website, you grant Instamall a world-wide, payment-free and non-exclusive license to use, dispense, replicate, alter, translate, adjust, publish, publicly perform and or display such content (in full or in part) and to use such uploaded content in any format or medium now known or later developed without reimbursement to you or any third party.
You may not post any images containing written text or text overlays. You agree that when you delete Content, it is done in a manner similar to emptying recycle bin on a computer, as such removed Content may remain in backup copies for a reasonable length of time.
Instamall grants each Professional a limited, reversible, and non-sub licensable license to display Instamall’s logos, trademarks or other design marks that we provided to Professionals for use solely in connection with their use of the Services, promotion of Beauty salon services offered via the Services or other uses expressly permitted by us in writing. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.
You may only use Content posted by others in the ways described in these Terms of Service, and we reserve the right to remove or hide any Content from the Services, at our sole discretion.
We may, in appropriate circumstances and at our discretion, restrict and/or terminate the Accounts of Users who we believe have repeatedly infringed the rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our copyright agent via email:
a description of the copyrighted work or other intellectual property that you claim has been infringed;
description of where the material that you claim is infringing is located on the site, including a url link;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
your address, telephone number, and email address;
a statement by you that you in good faith believe that the disputed use is not official or consented to by the copyright owner, its agent, or the law; and
a statement by you, made under the penalty of perjury, that the above information in your notice is completely true and that you are the copyright/intellectual property owner or are authorized to act on the copyright/intellectual property owner's behalf.
Instamall may send users our newsletter from time to time if they so opt-in to receiving them. You hereby agree that this piece of communication will be targeted based on how each User uses Instamall and will be designed strictly to educate Clients on how to obtain more value from the Services.
We permit Professionals to send SMS and email messages to their Clients, if they so desire, for numerous reasons such as reminding such clients of upcoming appointments. By using such tools in accordance to these Terms of Service, each Professional warrants that it has permission from his/her Client to send such SMS and email notifications and that he/she takes full responsibility for obeying each Client's preference in respect to such notifications.
As part of the Services, Instamall may send SMS messages to Users concerning marketing communications, product developments, and other information regarding our Services. We may also send users SMS messages regarding future appointments and any other reminder.
YOU EXPLICITLY UNDERSTAND AND AGREE THAT:
YOU USE THE SERVICES AT YOUR OWN RISK. YOU ARE ENTIRELY AND EXCLUSIVELY RESPONSIBLE FOR EVERY INTERACTION YOU MAKE WITH OTHER USERS. YOU AGREE THAT YOU ARE RESPONSIBLE FOR TAKING REASONABLE SAFETY MEASURES IN ALL INTERACTIONS AND ACTIONS WITH OTHER CLIENTS AND PROFESSIONALS IN THE RECEIPT OR PROVISION OF BEAUTY SALON SERVICES.
YOU ACKNOWLEDGE AND UNDERSTAND THAT WE DO NOT ROUTINELY SCREEN OUR USERS, MAKE INQUIRIES INTO THEIR BACKGROUNDS OR ATTEMPT TO VALIDATE INFORMATION PROVIDED BY USERS. WE DO NOT SUBSTANTIATE OR CONFIRM THAT USERS ARE WHO THEY CLAIM TO BE OR ARE TRUTHFULLY REPRESENTING THEMSELVES, NEITHER DO WE SUBSTANTIATE OR CORROBORATE ANY REPRESENTATIONS WITH RESPECT TO BEAUTY SALON SERVICES ON THE SERVICES.
YOU AGREE THAT OTHER INDIVIDUALS MAY OBTAIN PERSONAL INFORMATION ABOUT YOU BECAUSE OF YOUR USE OF THE SERVICES OR BEAUTY SALON SERVICES, AND THAT SOME UNSCRUPULOUS RECIPIENTS MAY USE SUCH INFORMATION TO INJURE OR HARASS YOU. Instamall IS NOT RESPONSIBLE FOR HOW ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE SERVICES IS USED BY ANOTHER PERSON. YOU COMPREHEND THAT WHILE USING THE SERVICES, YOUR SENSITIVE INFORMATION MAY TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER OUR CONTROL, AND WE MAKE NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
THE WEBSITE AND ITS CONTENT ARE PROVIDED BY Instamall ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE AND THE CONTENT, AND YOU CLEARLY AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
WE ALSO DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE CONTINUOUS, TIMELY, SECURE OR ERROR FREE, THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Instamall DOES CONTROL THE SUITABILITY, QUALITY, TIMING, RELIABILITY, LEGALITY, FAILURE TO PROVIDE, DURABILITY, OR ANY OTHER FEATURE OF ANY BEAUTY SALON SERVICES MADE AVAILABLE BY PROFESSIONALS. WE DO NOT HAVE ANY CONTROL ON THE VERACITY, ACCOUNTABILITY OR ANY OF THE ACTIONS OR LAPSES WHATSOEVER OF ANY CLIENT OR PROFESSIONAL. Instamall DOES NOT GIVE ANY GUARANTEES OR WARRANTIES IN ANY WAY AS REGARDS THE BEAUTY SALON SERVICES PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES, BE IT IN PRIVATE, PUBLIC, OR OFFLINE COMMUNICATIONS, OR ABOUT THE REGISTRATION, ACCREDITATION OR LICENSING OF ANY PROFESSIONAL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Instamall OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LIMITATION OF LIABILITY AND RELEASE
NEITHER Instamall NOR ITS ASSOCIATES, OFFICERS, WORKERS, MANAGERS, LICENSORS AND PARTNERS SHALL BE IN ANY WAY LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER THEY BE DIRECT OR NOT, SECONDARY, EXCEPTIONAL, SIGNIFICANT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER IMPERCEPTIBLE LOSSES, AS WELL AS DAMAGES FOR EMOTIONAL DISTRESS OR BODILY INJURY EVEN IF Instamall HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN WHEN THEY RESULT FROM:
YOUR USE OR THE INABILITY TO USE THE SERVICES;
BEAUTY SALON SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS;
ANY UNAUTHORIZED ACCESS TO OR MODIFICATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS;
CONDUCT OR STATEMENTS OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Instamall EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE Instamall IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY BEAUTY SALON SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE Instamall AND ITS ASSOCIATES, OFFICERS, WORKERS, MANAGERS, LICENSORS AND PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER CONTINGENT OR LIQUIDATED, KNOWN OR UNKNOWN, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF BEAUTY SALON SERVICES OR OTHERWISE.
You hereby consent to indemnify and hold Instamall and its officers, directors, agents, and employees, free from any claim, including reasonable legal fees, brought by a third party as a result of your breach of this agreement, or your breach of any law or the rights of a third party. You also agree to indemnify Instamall against any cases, harms, commitments, misfortunes, liabilities, costs, obligation and costs (counting yet not constrained to lawyer's expenses) emerging from: (i) your use of and access to the Services; (ii) Beauty salon services facilitated by the Services or any interaction between you and another user; (iii) your infringement of any term of these Terms of Service; (iv) your breach of any rights of another individual, including without impediment any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, emotional distress r personal injury emerging from or identified with your use of the Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Services.
You and Instamall agree to first endeavor to settle any Dispute (except the Disputes expressly excluded below) , informally for at least thirty (30) days before beginning any arbitration or court proceeding. Such informal negotiations will commence upon written notice.
If both parties are unable to resolve a Dispute through informal negotiations, all claims under dispute (except those Disputes expressly excluded below) shall be exclusively and finally resolved by binding arbitration. If any of the parties choose to arbitrate, such a decision will be final and binding on the other. IF ANY OF THE PARTIES ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.
The arbitration will be conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules”).
You agree that your arbitration fees and your share or arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Instamall will pay all such fees If your claim for damages does not exceed USD 10,000 unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.
The arbitration may be through the submission of documents, conducted in person, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service, you and Instamall may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Exceptions to Alternative Dispute Resolution
You and Instamall agree that any arbitration will be limited to the Dispute between Instamall and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND INSTAMALL ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Instamall otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
Location of Arbitration
Arbitration will occur in Tempe, Arizona. You and Instamall agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Arizona state and Federal courts located in Tempe, Arizona have exclusive jurisdiction and you and Instamall agree to submit to the personal jurisdiction of such courts.
This agreement is overseen by and interpreted in accordance with Arizona law and both parties consent to submit to the exclusive authority of its courts.