TERMS & CONDITIONS 2017-10-17T23:26:22+00:00

Terms and Conditions

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”).

Before you may use any of our services, including the Website and Mobile Application (collectively “the PrettyBird Services”), in any way, you must read, agree with, and accept all of the terms and conditions in this Agreement, including the Privacy Policy which is incorporated into this Agreement.

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.

Membership Access

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.

Your Credentials

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 [email protected] 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.

Limited License

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:

  1. modify or download the Website and Mobile Application or its content (except for caching);
  2. make any use of the Website and Mobile Application or its content other than for personal use;
  3. create any derivative work based upon either the Website and Mobile Application or its content;
  4. use any meta tags or any other “hidden text” utilizing our name or our trademarks without our express written consent; or
  5. use software robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

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.

Intellectual Property

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:

  1. block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users; and
  2. remove and discontinue service to repeat offenders.

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”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

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:

  • Remove or disable access to the infringing material;
  • Notify the content provider, member, or user that it has removed or disabled access to the material; and
  • Terminate such content provider’s, member’s, or user’s access to the PrettyBird Services including the Website and Mobile Application.

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:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Provincial Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside of Canada, for any judicial district in which PrettyBird is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal

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:

  1. any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, national, or international law;
  2. advertisements or solicitations of any kind;
  3. impersonate others or provide any kind of false information;
  4. personal information such as messages which state phone numbers, social insurance numbers, account numbers, addresses, or employer references;
  5. messages by non-spokesperson employees of PrettyBird purporting to speak on behalf of PrettyBird or containing confidential information or expressing opinions concerning PrettyBird;
  6. messages that offer unauthorized downloads of any copyrighted or private information;
  7. multiple messages placed within individual folders by the same user restating the same point;
  8. chain letters of any kind;
  9. identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.

This prohibition includes but is not limited to:

  1. using the PrettyBird Services to send invitations or messages to people who don’t know you or who are unlikely to recognize you as a known contact;
  2. using the PrettyBird Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; or,
  3. sending messages to distribution lists, newsgroup aliases, or group aliases.

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.

Termination

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 [email protected] 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:

  1. interruption of business;
  2. access delays or access interruptions to the Website and Mobile Application;
  3. data non-delivery, misdelivery, corruption, destruction or other modification;
  4. computer viruses, system failure or malfunction which may occur in connection with your use of the Website and Mobile Application, including during hyperlink to or from third party sites; or,
  5. events beyond our reasonable control.

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.

Indemnification

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.

Privacy Policy

Our privacy policy which can be accessed here is incorporated into and forms part of this Agreement. You acknowledge and agree that your use of the PrettyBird Services is governed by our Privacy Policy.

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.

General

We reserve the right, in our sole and absolute discretion, to change this Agreement and our Privacy Policy at any time by posting the changes on the Website and Mobile Application. Any changes are effective immediately upon posting to the Website and Mobile Application. Your continued use of the Website and Mobile Application following any such changes constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by this Agreement. You shall comply immediately with any termination or other notice by ceasing all use of the Website and Mobile Application.

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.

Payment

All payments processed within the app will occur automatically via the major credit card a Client has provided. Payments are finalized at the time of Artist acceptance of Client’s service request. Payments are subject to applicable provincial taxes. Any penalties or refunds will be issued to the Client’s credit card or charged to the Artist as per the terms of our Cancellation Policy.

Artist Service Pay-Out will occur on a bi-weekly basis to the bank account provided to the corporation upon Artist registration. Any penalty deductions from Artist pay-out (i.e. canceled service, no-show, etc.) will be stated in writing to the Artist prior to bi-weekly payout date.

Cancellation Policy

Should PrettyBird service appointments be cancelled with less than 24 hours notice, Clients and Artists will be responsible for cancellation fee and/or penalties incurred.

We require 24 hours notice by Client or Artist for cancellations or appointment changes (no fees or penalties applied). Cancellations made by the Client within 24 hours of the appointment will be billed 50% of the booked service charge. Cancellations made by the Client within 2 hours of the appointment will be billed the full service amount.

Cancellations made by the Artist within 24 hours of the appointment will be penalized 50% of the booked service charge from Artist earnings. Cancellations made by the Artist within 2 hours of the appointment will be penalized the full service amount.

PrettyBird Wedding Contract

Beauty and Wellness Services

The Services outlined in Schedule A provide the type of Beauty and Wellness services available and its associated cost. Please select all those that apply for your Wedding Date.

Services are subject to availability and PrettyBird shall not be liable for Services that become unavailable as a result of sickness, accidents, acts of God and other reasons beyond the Company’s control.

Payment

All Beauty and Wellness Services will be collected via credit card through the Stripe Payment Service. Charges paid by you are final and non-refundable, unless otherwise determined by PrettyBird.


Payment Options

Clients can pay the total up-front cost of the services or in the alternative pay a 50% deposit in order to secure the Wedding Date. Deposits are non-refundable and will be credited toward your balance on the Wedding Date. Any outstanding balances will be charged 14 days prior to the Wedding Date along
with any other supplemental charges that may apply.

Additional Services or Changes to Service

If the Client wishes to purchase additional services on the Wedding Date or within 14 days leading up to the Wedding Date, the associated charges will be billed within 5 business days of service and billed to the credit card on file.

Penalties for Late Payment

If the Client wishes to purchase additional services on the Wedding Date or within 14 days leading up to the Wedding Date, the associated charges will be billed within 5 business days of service and billed to the credit card on file.

Travel Costs

The Following travel costs will be charged with respect to any travel time required on behalf of PrettyBird Beauty and Wellness Professionals.

<25 kms – $10
25-50 kms – $25
50-100 kms – $45
100-150 kms – $65
150-200 kms – $85
200+ kms – custom

EarlyStart

Clients acknowledge and accept that there is a $100 early start fee per Beauty and Wellness Professional per hour if the appointment starts before 6 a.m.

Cancellations

All payments are non-refundable regardless of Cancellation time. In extenuating circumstances PrettyBird may refund a portion of the paid-up cost to date. This is on a case by case basis and entirely in the discretion of the Company.

Disclaimer

PrettyBird will make every effort to ensure that the Beauty and Wellness Professional that you choose is the one that arrives on your Wedding Date. However, the Client acknowledges and agrees that unforeseen circumstances may prevent this from occurring. If a Professional is substituted, PrettyBird shall ensure that replacements possess all the requisite skills and expertise of the originally booked Professional. As such, the Client accepts that changes to Beauty and Wellness Professionals may occur.

Limitation of Liability

PrettyBird understands the Wedding Planning process is time consuming and expensive and the Company aims to do everything in its power to ensure that all Beauty and Wellness Services are delivered without complication. However, both parties acknowledge and agree that sometimes events occur that are out of anyone’s control. As such, PrettyBird shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including personal injury, or property damage related to, in connection with, or otherwise resulting from any of the Beauty and Wellness Services enumerated herein.

Furthermore, neither Party will be liable for the inability to perform or any delay of performance caused by acts of God (flooding, fire, explosion, extreme weather or other unforeseeable events) or any circumstance beyond either Parties’ reasonable control that may threaten the safety of either party or the integrity of the Beauty and Wellness Services. PrettyBird will use its professional judgment when taking action in regard to such events based on the situation, time limitations, and the Client’s input, if the situation permits.

PrettyBird’s liability to the Couple for all claims arising from or related to this Agreement will be limited to direct damages or the specific performance of the Services or Additional Services. Such liability will, in the aggregate, not exceed the amount of the initial deposit of Fees.

Product Safety

PrettyBird agrees, wherever possible, to ensure that all products used for Beauty and Wellness Services are sanitary and safe.

Wherever possible, products shall be hypoallergenic. Pre-existing skin conditions, allergies or sensitivities MUST be reported by the Client to the Beauty and Wellness Professional prior to application. By request of the Client only, the Beauty and Wellness Professional will provide makeup samples to test skin reaction or sensitivity. Clients are responsible for their own health and agree to release the Beauty and Wellness Professional from liability for any skin and hair complications or damage resulting from allergic reactions.

PhotographyRelease

The Client grants to PrettyBird the right to use photographs of the Client and the Client’s family members in connection with the Beauty and Wellness Services at the Trial Date and the Wedding Event. The Client hereby irrevocably and unconditionally waives all moral rights to any photos voluntarily submitted to PrettyBird and the Client agrees to the use and publication by the Company of any photographs taken during the Trial Date or the Wedding Date whether in print or electronically. The Client agrees that the Company may use such photographs of the Client with or without the Client’s name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.

Severability

If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 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. Furthermore, you agree to initiate and proceed with any claim or dispute in the city of Toronto, Ontario.

Last Updated On: 04/05/2016