Welcome to www.PrettyBirdApp.com (the “Website and Mobile Application”).
This Terms of Service Agreement (the “Agreement”) is an agreement between you and PocketPretty Holdings (“PrettyBird”, “we”, or “us”).
By using the PrettyBird Services in any way you are accepting and agreeing to be bound by the terms and conditions of this Agreement, and any other legal notices or conditions posted on the Website and Mobile Application. If you do not agree to be bound by this Agreement, you may not use the PrettyBird Services.
Any new features or services which are added to the PrettyBird Services shall also be subject to this Agreement. If this Agreement conflicts with any other documents, the Agreement will be determinative for the purposes of usage of the Website and Mobile Application.
We reserve the right to update and modify the terms of this Agreement from time to time, and such amendments are effective as of the date of posting. Your continued use of the PrettyBird Services constitutes your acceptance and agreement to the amended Agreement. If you do not agree to any changes to the Agreement, do not continue to use the PrettyBird Services. We strongly recommend that you check this Agreement from time to time to review any updates or modifications that may impact you.
Description of Services
Via the Website and Mobile Application, we provide users with the ability to browse among our collection of exclusively created make-up and hair style designs or looks (the “Make-up and Hair Menu”), to select a make-up and/or hair style design or look from the Make-up and Hair Menu, and to schedule an appointment on a specific date, at a specific time, and at a location of their choosing, for a professional beauty artist to provide them with their chosen beauty service(s).
All looks or styles featured in the Make-up and Hair Menu are approximations and may appear different on each user. All looks and styles may appear different for reasons including but not limited to, differences in facial structures, skin textures, coloring, and artist techniques.
You are responsible for obtaining access to the Website and Mobile Application, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the PrettyBird Services.
We reserve the right to modify or terminate the PrettyBird Services for any reason, without notice, at any time. We also reserve the right to refuse access to the PrettyBird Services for any reason, without notice, at any time.
You must be 18 years or older to use the PrettyBird Services. The PrettyBird Services are not available to anyone under the age of 18 or to any users suspended or removed by us for any reason. By using the Website and Mobile Application, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. If you do not qualify, you may not use the PrettyBird Services, including the Website and Mobile Application.
You may only use certain portions of the Website and Mobile Application if you are a registered user.
As part of the registration process, you must create a username and password. The username and password that you provide are your credentials (“Credentials”) for accessing the PrettyBird Services that are only available to registered users. Registered users may not have more than one active set of Credentials. You are responsible for keeping your Credentials secure. We will not be liable for any loss or damage from your failure to maintain the security of your Credentials. Additionally, registered users are prohibited from selling, trading, or otherwise transferring their Credentials to another party.
You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Website and Mobile Application’s registration and/or order forms. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the PrettyBird Services (or any portion thereof). Notwithstanding that the information provided by you may be true, accurate current, and complete, we may reject an application for a registered user account or cancel an existing user account for any reason, in our sole and absolute discretion.
If you use the PrettyBird Services you are responsible for maintaining the confidentiality of your Credentials. You agree to accept responsibility for all activities that occur under your account. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to immediately notify us by email to Support@PrettyBird.com of any unauthorized use of your account or any other breach of security.
We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole and absolute discretion. We retain the right to determine, in our sole and absolute discretion, rightful ownership of Credentials. If we are unable to reasonably determine the rightful owner of Credentials, we may disable the relevant user account.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website and Mobile Application. You may not frame or utilize framing techniques to enclose the Website and Mobile Application or any portion thereof without our prior written consent.
The limited license granted to you does not include the right to:
Any unauthorized use by you of the Website and Mobile Application terminates the limited license set forth herein without prejudice to any other remedy provided by applicable law. We may take any legal action and implement any technical remedies which we deem necessary, in our sole and absolute discretion, to prevent the violation of this provision and to enforce this Agreement.
You may not use the PrettyBird Services for any illegal or unauthorized purpose, including but not limited to, violating copyright laws, as well as the laws of Canada and the Province of Ontario.
The content of the Website and Mobile Application including, but not limited to, text, graphics, logos, button icons, images, data compilations, and software, and the compilation thereof is our property and is protected by Canadian and international copyright laws. The content of the Website and Mobile Application, in whole or in part, may not be reproduced, copied, distributed, used, sold, modified, or otherwise exploited without our prior written permission. The trademarks, logos, and service marks appearing on the Website and Mobile Application are registered and unregistered marks owned by us in Canada and/or other countries. All copyright, trademarks, design rights, patents, and other intellectual property rights not owned by us that appear on the Website and Mobile Application are the property of their respective owners.
Nothing in this Agreement grants you a right or license to use any trademarks, copyrights, or design rights, or other intellectual property rights controlled by us or any other third party except as expressly outlined in this Agreement.
Copyright Dispute Policy
We have adopted the following general policy toward copyright infringement in accordance with the Copyright Act of Canada (posted here).
Address for Designated Agent
The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is [INSERT].
It is our policy to:
Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the PrettyBird Services, including the Website and Mobile Application, infringes a copyright, please send a notice of copyright infringement containing the following information to our Designated Agent (“Proper Bona Fide Infringement Notification”):
Receipt of a Bona Fide Infringement Notification
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is our policy to:
Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider, member, or user believes that either the material that was removed or to which access was disabled is either not infringing, or that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member, or user must send a counter-notice containing the following information to the Designated Agent:
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in ten (10) or more business days after receipt of the counter-notice, at our sole and absolute discretion.
Website and Mobile Application-Provided Email/ Posted Content
The Website and Mobile Application may provide users with the ability to send email messages to other users and non-users and/or to submit information and/or content to the Website and Mobile Application (“Posted Content”). We are under no obligation to review any messages, information, or content sent to and/or through the Website and Mobile Application and we assume no responsibility or liability relating to any such messages, information, or content.
Notwithstanding the above, we may from time to time monitor Posted Content transmitted to and/or through the Website and Mobile Application and we may decline to accept and/or remove any Posted Content in our sole and absolute discretion. However, we are not responsible for any failure or delay in removing Posted Content.
You understand and agree not to use any functionality provided by the PrettyBird Services, including the Website and Mobile Application, to initiate communications that contain:
This prohibition includes but is not limited to:
The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on or through the PrettyBird Services, including the Website and Mobile Application.
We reserve the right to investigate and take appropriate legal action, in our sole and absolute discretion, against anyone who violates thiis provision, including without limitation, removing the offending communication from the PrettyBird Services and terminating the relevant user account(s) of and/or blocking use of the PrettyBird Services and/or the Website and Mobile Application by such violator(s).
Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the PrettyBird Services or the Website and Mobile Application (collectively “Feedback”) submitted to us shall become our property. We will not be required to treat any Feedback as confidential, and we will not be liable for any ideas (including without limitation, product, website, mobile application, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future PrettyBird Services, Website and Mobile Application, or operations.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.
We may terminate and/or suspend your account immediately, without penalty and without notice, for any reason, including if there has been a violation of this AGREEMENT or other policies and terms posted on the Website and Mobile Application by you or by someone using your Credentials. Notwithstanding any other provisions contained herein, we may also cancel or suspend your account for any other reason, including without limitation inactivity for an extended period, but we will attempt to notify you in advance of such cancellation or suspension. Notice of termination may be sent to the email address associated with your user account.
We shall not be liable to you or any third party for any termination of your access to the PrettyBird Services and/or the Website and Mobile Application. You agree not to attempt to use the PrettyBird Services and/or the Website and Mobile Application after any such deletion, deactivation, or termination of access.
A breach or violation of any of the terms and conditions in this Agreement, as determined in our sole and absolute discretion, will result in immediate termination of your access to the PrettyBird Services.
You may terminate your PrettyBird account at any time by contacting Support@PrettyBird.com and then following the instructions provided to you by us.
Representations and Warranties; Limitation of Liability
The PrettyBird Services, including the Website and Mobile Application, are presented “as is”, “with all faults”, and “as available”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with the PrettyBird Services, including but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose.
You agree that we are not responsible, and will not be liable, under any circumstances, for any:
Via the Provider offers access to numerous third party web pages, sites and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through and web pages or sites displayed as search results, Provider exercises no control over such third party content, web pages, or sites.
You agree that it is your responsibility to review and evaluate any third party website or content accessible through the PrettyBird Services and that any and all risk associated with the use of, or reliance on, such website and/or content rests with you.
In addition, to the maximum extent permitted by law, we will not be liable for any special, incidental, or consequential damages of any kind (including lost profits) related to the PrettyBird Services and/or the Website and Mobile Application, regardless of the form of action whether in contract, tort (including negligence), or otherwise.
In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00 CAD).
Your use of the PrettyBird Services is at your sole risk. We do not warrant that the PrettyBird Services will be reliable, uninterrupted, timely, secure, or error-free. We do not warrant that the results of any products or services or other materials purchased by you or obtained through the PrettyBird Services will meet your expectations, be effective, reliable, uninterrupted, timely, secure, or error-free.
We are not responsible for the accuracy, reliability, timelines, or completeness of information provided by users of the PrettyBird Services or any other data or information provided or received through the PrettyBird Services.
You agree to indemnify, defend, and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim, demand, loss, damages, or costs, including reasonable lawyer’s fees, made by any third party due to or arising out of your (or anyone using your account’s) use of the PrettyBird Services, including the Website and Mobile Application, or from your breach of the terms of this Agreement, or your violation of any law or rights of a third party.
You also agree to indemnify us, our subsidiaries, affiliates, partners, officers, directors, agents, and employees, for any loss, damages, or costs, including reasonable lawyer’s fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering or extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Jurisdiction & Disputes
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any claim or dispute arising out of or in connection with the PrettyBird Services and this Agreement.
Any dispute relating in any way to your use of the PrettyBird Services, including the Website and Mobile Application, shall be submitted to confidential arbitration in Ontario, except that, to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Ontario, and you consent to the exclusive jurisdiction and venue of such courts. The arbitration this Agreement shall be conducted under the rules then prevailing of the Provincial Court of Ontario. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this Agreement is determined to be unenforceable or invalid for any reason whatsoever, that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of this Agreement and such unenforceable or invalid provisions or portion thereof shall be severed from the remainder of this Agreement.
You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by us in our sole discretion.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject-matter hereof.
We require twenty-four (24) hours’ notice for cancellations or appointment changes without charge. Cancellations within twenty-hour (24) hours of the appointment will be charged a twenty dollar ($20.00 CAD) cancellation fee. Cancellations within one (1) hour of the appointment will be charged the full appointment fee. Appointment locations cannot be changed without advanced notice and approval by us.
X (referred to below as “PrettyBird”, “we”, or “us”) aims to maintain its users’ privacy.
What information do we collect?
We collect information from you when you register on our website, place an order, subscribe to our newsletter, respond to a survey, or fill out a form. When ordering or registering on our website, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, and credit card information. You may, however, visit our site anonymously. We are accountable for all personal information which we collect that is in our possession or custody, including any personal information which is disclosed when registering on our site, placing an order, subscribing to our newsletter, responding to a survey, or filling out a form.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company or third party for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. We do not share your information with any third parties except as disclosed in this Policy. We may provide personal information to third parties within our network, as well as to subcontractors and suppliers (who shall be bound by privacy obligations), to assist us in delivering the product purchased or service requested by you.
Personal information will not be used or disclosed for purposes other than those for which it was collected, except with your consent or as required by law. We will retain your personal information for as long as necessary to fulfill the purposes for which the information was collected. If your personal information is to be used or disclosed for a different purpose than which it was collected, we will inform you.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We have in place reasonable commercial standards of technology and operational practices to protect the information provided by visitors and users of our website from unauthorized use, disclosure, copying, or modification.
We offer the use of a secure server. All supplied sensitive and/or credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database only to be accessible by those authorized with special access rights to such systems, who are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the website’s or service provider’s systems to recognize your browser and capture and remember certain information.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services and aspects of our website may not function properly. However, you can still place orders by contacting our customer service department.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personal information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our website policies (including our Terms of Service and this Policy), or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
As you browse our website and other websites, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus tailor more relevant ads to you. If you do not wish to receive such tailored advertising, you can opt out of most companies that engage in such advertising. This will not prevent you from seeing ads; the ads simply will not be delivered through these targeting methods.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Canada’s Personal Information Protection and Electronic Documents Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the Canadian Personal Information Protection and Electronic Documents Act. We therefore will not distribute your personal information to outside parties without your consent, subject to applicable law. As part of Canada’s Personal Information Protection and Electronic Documents Act, all users of our site may make any changes to their information at any time by logging into their control panel and going to the ‘Edit Profile’ page.
Children’s Online Privacy Protection
The PrettyBird Services, including the Website and Mobile Application, are all directed to people who are at least thirteen (13) years old or older. This Policy is not intended for use by children. Our website is not designed or intentionally targeted at children thirteen (13) years of age or younger. We do not knowingly collect or maintain information about anyone under the age of thirteen (13).
Any individual has a right to challenge the compliance of our organization to this Policy at any time. We will take due care and diligence in assessing and investigating complaints. If a complaint is found to be justified, we will take the appropriate measures to rectify the complaint. If necessary, we will amend this Policy and our practices.
This Policy was last modified on 01/15/2016.
We strongly recommend that you periodically review this Policy to be informed about how we are protecting your information.
Terms and Conditions
For more information on the extent to which this Policy applies, please visit our Terms of Service establishing the use, disclaimers, and limitations of liability governing the use of our website.