TERMS OF USE
Effective date: January 15, 2024
Site covered: glamazar.com
WELCOME TO GLAMAZAR!

The Glamazar Marketplace (“Glamazar,” “We,” “Us,” or “Our”) is an e-commerce marketplace where individuals and businesses in the beauty industry may sell salon and spa services, fashion and personal styling services, and beauty products and supplies (“Vendors”). Marketplace users may create social profiles, search for products and services in their local area, purchase cosmetics, and book appointments directly with Vendors (“Customers”). For the purposes of these Terms, the products and services listed in the marketplace provided by the Vendors shall be referred to collectively as “Vendor Goods”. Unless stated otherwise, when you purchase products or book appointments through Glamazar, you purchase the products and services from the Vendors. You agree that Glamazar is not an agent for you or for the Vendors and has no authority to act on your or on the Vendors’ behalf.

These Terms of Use (“Terms”) shall govern the use of all pages on this website, content, features, software, and mobile applications (collectively, “Services”) provided by Us. By using the Services, you agree to Our Terms and all other applicable terms, policies, and agreements posted on Our Services.

Our Services may link to third-party websites, services, or mobile applications, but these Terms do not apply to any of those linked websites, services, or mobile applications. For questions regarding these Terms, please email Us at contact@glamazar.com or contact Us here.

1. PRIVACY POLICY

In order to use Our Services, we need to collect and use your information. To learn about the information We collect, how We use it, and how it is shared across Our Services, please refer to Our Privacy Policy. By using Our Services, you understand and consent to collecting and using your information as outlined in Our Privacy Policy.

2. WHO MAY USE OUR SERVICES

To register for a Glamazar account, you must be a resident of the United States and at least 18 (eighteen) years old. By using Our Services, you confirm that you meet both of these requirements and that you are legally able to agree to Our terms. Glamazar assumes no responsibility or liability for any misrepresentation of your age or residence.

3. ACCOUNTS, SECURITY, AND INACTIVITY

As a user of certain features of Our Services, you may be required to create an account with Us. You agree that We will send emails to you at the email address you provide and communicate with you for purposes related to your account, such as informing you of updates, changes, or additions to the Services, these Terms, and any other applicable terms, policies, and agreements posted on Our Services. Glamazar reserves the right to, in its sole discretion, revoke the use of your account username or identity, refuse you use of Our Services, or terminate your rights to use the Services.

3.1 Customer Account: This account does not require approval by Glamazar administration and is not required to make purchases. You may register for this account to create a social profile, communicate directly with other Glamazar users, shop with Vendors, write customer reviews, and track product purchases, upcoming service appointments, and all account transactions.

3.2 Vendor Account: This account requires approval by Glamazar administration and is required to sell Vendor Goods in the Glamazar marketplace. Applicable service fees and charges apply. You may register for this account to create an online storefront, communicate directly with other Glamazar users, list Vendor Goods, interact with current and future customers, and track all Customer product purchases, upcoming service appointments, and all account transactions. By using Our Services as a Vendor, you agree to Our Vendor Agreement.

When creating an account, you must provide a unique username, a strong password, and certain other information pertaining to your account as described in more detailed here: Privacy Policy: Information We Collect From You. You are solely responsible for ensuring the accuracy of any information you provide to Us. Providing false or inaccurate information or using the Services for fraudulent or unlawful activity is grounds for immediate termination of these Terms and referral to the appropriate law enforcement agencies.

3.3 Security: You are solely responsible for maintaining the confidentiality of your username and password and for all usage and activity on or through your account, including use of your account by a third-party authorized by you. If you discover or suspect that your account has been compromised, you agree to notify Us immediately at accounts@glamazar.com.

3.4 Inactivity: Glamazar reserves the right to terminate your account if it is left inactive for more than 12 (twelve) months. An “inactive” account is one for which one the following is true for at least 12 (twelve) months: (a) no one has logged into the account or (b) if you have a Vendor account, no one has used the account for any Customer interactions or sales transactions.

4. USE OF OUR SERVICES

Glamazar grants you a non-exclusive, limited, non-transferable, non-sublicensable, and revocable license to use the Services as permitted by these Terms. Your license does not include the right to, and you may not use the Services to post content, advertise, sell, or link to any websites, products, or services that contain, promote, or engage in any of the following:

  • Interference with or impairment of the operation of the Services including, but not limited to, uploading viruses or malicious code
  • Reverse engineering, tampering with, or bypassing any security associated with the Services
  • Using the information of another person or entity with the intent of impersonating that person or entity, misleading, or otherwise deceiving users of the Services as to your true identity
  • Sexually suggestive or explicit content of ANY kind (if you’re unsure about this one, just don’t do it)
  • Harassing, abusing, threatening, or posting private or confidential information about others
  • Violating the legal rights of others, including intellectual property rights
  • Offensive, harmful, or abusive language including expletives, profanities, obscenities, and vulgarities
  • Violence, hate, or discord
  • Discrimination based on race, religion, nationality, disability, sexual orientation, or age
  • Unlawful, illegal, or fraudulent activity
  • Unlawfully gathering information about others
  • Violating any terms, policies, or agreements posted on Our Services

You give Us permission to install updates and any additional features to improve, enhance, or further develop Our Services; any future installations will be subject to these Terms. Glamazar reserves the right to modify, suspend, or discontinue the Services, in whole or in part, with or without notice to you.

5. CONTENT ON OUR SERVICES

For the purposes of these Terms, content may include, but is not limited to, text, links, images, videos, audio, Vendor Goods, customer reviews, comments, messages to other users, or any other materials (collectively, “Content”). Glamazar takes no responsibility and assumes no liability for any Content posted to the Services. We do not endorse, support, represent, or guarantee the accuracy or reliability of any Content, and We do not endorse any opinions expressed via any Content. We reserve the right to review, edit, or remove any Content that violates these Terms although We are not obligated to do so.

5.1 Content Provided by Glamazar: Glamazar owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with and provided by Our Services. You may not license, sell, transfer, assign, distribute, host, or otherwise commercially exploit any Content posted to the Services.

5.2 Content Provided by You: You are solely responsible for all Content you submit. You warrant that you own or have secured all legal rights necessary for the Content you provide and that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to use the Content. Content submitted to the Services is public; only submit what you are comfortable sharing with others.

You keep ownership you have of any intellectual property in your Content. We do not claim ownership of your Content; however, you do hereby grant Us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, copy, run, translate, publicly perform or display, and create derivative works of your Content. You always have the option to end this license at any time by deleting your account.

6. COMMUNICATIONS

Glamazar allows its users the ability to interact with one another and express themselves through customer reviews, comments, the Glamazar messaging system, and the Vendor Forums (collectively, “Communications”). It is strictly prohibited to use Communications for purposes other than permitted by these Terms and as outlined in Our Community Guidelines. You understand that through your use of the Services you consent to Our Community Guidelines.

7. PURCHASES, REFUNDS, AND DEPOSITS

Glamazar does not guarantee the quality or reliability of Vendor Goods. You acknowledge and agree that you purchase such products and services at your own risk.

7.1 Purchases and Refunds From Glamazar: We may list goods or services for sale. To ensure you are purchasing directly from Us and to view all of Our listed goods and services, please refer to the Glamazar storefront page. Glamazar reserves the right to reject or cancel an order for any reason, including errors or omissions in the billing information provided to Us. If We reject or cancel an order after payment has been processed, We will issue a refund to you in the amount of the purchase price. For questions, concerns, or disputes regarding purchases made directly from Us, you agree to contact Us within 3 business days at customerservice@glamazar.com.

7.2 Purchases and Refunds From a Vendor: All Content regarding Vendor Goods is the sole responsibility of the Vendor; the service environment (if provided by the Vendor), quality, timeliness, shipping, returns, and customer support of Vendor Goods are also the sole responsibility of the Vendor. Please be aware of all Vendor policies relating to Vendor Goods listed in the marketplace before making any purchases. By purchasing from a Vendor, you agree to their terms, policies, and agreements posted on Vendor Goods. For questions, concerns, or disputes regarding purchases made from a Vendor, you agree to pursue the issue with the Vendor and not with Glamazar. Requests for refunds regarding such purchases shall be resolved directly with the Vendor. You hold Us harmless and release Us from any responsibility, liability, claims, loss, or damage of any kind related to purchases from the Vendor.

7.2A Service Appointments Booked with a Deposit: Vendors may permit marketplace users to schedule appointments by either paying the full price for the service or securing a booking with a deposit. The deposit amount and its refundability are at the Vendor’s discretion. Kindly take note of the Vendor’s deposit policy, which is posted on relevant service listings.

7.2B Resolving Remaining Balances: The Customer bears the exclusive responsibility for managing any outstanding balance related to service appointments booked with a deposit. Customers can log into their account and complete the payment of the remaining balance from their dashboard or utilize the payment link sent to their email address. Please be mindful of the Vendor’s specified timeframe for settling the balance prior to the scheduled service appointment.

8. FEES, TAXES, AND PAYMENTS
8.1 Fees: Some of Our Services are offered for a fee (“Paid Services”), such as utilizing the marketplace to sell Vendor Goods. By using a Paid Service, you agree to pay the applicable fees imposed by Us and any transaction fees that may apply when using Our designated payment processor, Stripe, Inc. (together, “Fees”). Unless stated otherwise, all Fees are in U.S. dollars.

8.2 Taxes: All Fees are exclusive of any applicable taxes. You are solely responsible for all taxes that arise from or as a result of your use of any Paid Service or purchase through the Services. If you are not charged taxes by Us, you are responsible for determining if taxes are payable, and if so, self-remitting taxes to the appropriate tax authorities in your jurisdiction.

8.3 Payments: When you make a purchase through the Services, you agree to provide valid billing information, and you agree that you are permitted to use that billing information. You authorize Glamazar and Our supported payment processor, Stripe, Inc., to charge the full amount of payment using the billing information you provide for the purchase transaction. Unless stated otherwise, all payments shall be in U.S. currency.

9. THIRD-PARTY CONTENT AND ADVERTISEMENTS
9.1 Third-Party Content: We may engage in affiliate marketing whereby We receive a commission on or percentage of the sale of goods or services via links to third-party websites, products, or services (“Third-Party Content”). Third-Party Content is not governed by Us, and We are not responsible for any of their content. We encourage you to carefully review the terms, policies, and agreements of all Third-Party Content you access. Your use of Third-Party Content is at your own risk.

9.2 Advertisements: Glamazar Services may display sponsored advertisements (“Advertisements”). We do not endorse, support, represent, or guarantee the accuracy or reliability of goods and services promoted through Advertisements. Advertisements are subject to change, and you acknowledge and agree that We may place advertisements in connection with the display of any Content on the Services, including your Content.

10. TERMINATION

Glamazar may terminate these Terms with you at any time for any reason, with or without cause, specifically if you are in violation of any terms outlined here. If you have an account with Us, you may also terminate these Terms at any time by deleting your account through your dashboard account settings. Upon deletion of your account, your public profile and Content you submitted to the Services will be deleted and can not be recovered; you will not be entitled to any refund for purchases. Please refer to Privacy Policy: How Long We Keep Your Information for more details on how information may survive account deletion. Any provisions of these Terms that would be expected to survive termination by their nature shall remain in full force and effect.

11. DISCLAIMERS

GLAMAZAR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THE CONTENT AVAILABLE ON THE SERVICES, INCLUDING THIRD-PARTY CONTENT. GLAMAZAR DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ANY PARTICULAR CRITERIA OF PERFORMANCE, PURPOSE, OR NEED. GLAMAZAR DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

12. LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GLAMAZAR, ITS PERSONNEL, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR REVENUES, LOSS OF DATA, USE, GOODWILL, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR USE, MISUSE, OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONTENT PROVIDED BY THE SERVICES, INCLUDING THIRD-PARTY CONTENT; C) ANY TRANSACTION BETWEEN YOU AND ANY VENDOR, INCLUDING THE VENDOR’S ABILITY OR INABILITY TO PERFORM OR DELIVER VENDOR GOODS; OR (D) ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICES. THE SERVICES MAY BE USED BY YOU TO PURCHASE VENDOR GOODS, BUT YOU AGREE THAT GLAMAZAR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY VENDOR GOODS PROVIDED TO YOU OTHER THAN AS EXPRESSLY OUTLINED IN THESE TERMS. IN NO EVENT SHALL GLAMAZAR’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO GLAMAZAR IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATION OF LIABILITY PROVISIONS OUTLINED IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GLAMAZAR HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. INDEMNITY

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS GLAMAZAR, ITS PERSONNEL, AND ITS AFFILIATES FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE SERVICES OR VENDOR GOODS PURCHASED THROUGH YOUR USE OF THE SERVICES; (B) ANY CONTENT PROVIDED BY THE SERVICES, INCLUDING THIRD-PARTY CONTENT; (C) ANY INTENTIONAL OR WILLFUL VIOLATION OF ANY RIGHTS OF ANOTHER OR HARM YOU MAY HAVE CAUSED TO ANOTHER; (D) YOUR VIOLATION OF THESE TERMS; OR (E) YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS. GLAMAZAR WILL HAVE SOLE CONTROL OF THE DEFENSE OF ANY SUCH DAMAGE OR CLAIM.

14. DISPUTES

In case of a dispute relating to or arising out of these Terms or the Services, you agree to try to resolve the dispute with Us personally and in good faith. If the personal resolution attempt fails and any litigation specifically permitted under these Terms is initiated, the laws of the State of Georgia shall govern any matter or dispute relating to or arising out of these Terms or Services, with the exception of its conflict of law provisions. You and Glamazar agree to submit to the personal jurisdiction of the federal or state courts of Fulton County, Georgia, USA. You waive any claim that such courts constitute an inconvenient forum.

15. ENTIRE AGREEMENT

These Terms, the Privacy Policy, and the Community Guidelines make up the entire agreement between you and Us regarding your access to and use of the Services. If We enforce no right or provision of these Terms, that shall not constitute a waiver of any future enforcement of such right or provision. These Terms may not be assigned, sold, leased, or otherwise transferred, in whole or in part, by you; We may freely assign these Terms. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force. We are not liable for any failure to perform due to causes beyond Our reasonable control including, but not limited to, acts of God, acts of civil or military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

16. CHANGES TO THESE TERMS

We may revise these Terms or Our Services from time to time; however, We will inform you of changes by updating the effective date at the top of these Terms. If We make a change that, in Our sole discretion, is material, We will provide you with additional notice (e.g., notification through the Services or email communication). We encourage you to review these Terms regularly to stay informed. By continuing to use Our Services after any changes go into effect, you agree to be bound by the revised Terms.

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