Terms & Conditions
In this document, terms that commence with a capital letter are defined in this Section or in the preamble.
- “Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
- “Content” also includes Marks and Products and Services.
- “Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
- “Member” means an individual who has registered with the Site. Members choose a Member ID and a password.
- “Member ID” means the e-mail address you use (with your password) to login to our Site.
- “Oyexperts” or “we” means Oyexperts, and its subsidiaries and affiliates and listed service providers of OWN YOUR EXPERT INDIA PVT. LTD., “Products and Services” means the appointments, reservation, salon, spa and other items available through the Site.
- “Provider” means Oyexperts’s licensors, suppliers, information providers, and travel and leisure service providers.
- “Purchase” means to book, reserve, or purchase.
The terms “Site”, “Marks”, “Content” and “Products and Services” do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party’s website.
“Site” means the www.oyesalon.com website and their respective sub-sites, together with the respective Content, Marks, Products and Services available from these sites and sub-sites
SCOPE AND TERMS:
These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Oyexperts and its Providers.
Additional terms may apply when you Purchase Products or Services, or when you participate in sweepstakes, raffle, or other promotions. For example, airlines have contracts of carriage, hotels have cancellation policies, and sweepstakes are subject to rules. These additional terms are found in the area of the Site where you will Purchase a Product or Service, or where you will register for a sweepstakes.
You agree to abide by the terms and conditions imposed by any Provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of products or services.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site.
You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored in My Profile and My Appointments folder. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information
USE OF WEBSITE:
Oyexperts grants you a limited, personal, non-transferable, non-sub licensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way. Except as provided above, you may not copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
Reverse engineer any part of this Site; or
Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
Unless otherwise provided within these Terms, or unless specific applicable law requires Oyexperts to allow you to do so, you may not do any of the following without the prior written consent of Oyexperts:
Use any robot, spider, other automatic device, or manual process to monitor Content;
Use the Site other than to make legitimate reservations or purchases;
Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
Imply in any fashion that Oyexperts is endorsing your products or services;
Place false or misleading information on the Site,
Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Oyexperts, other Site users or members;
Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
Disguise the origin of the information transmitted through the Site.
Member ID and Password
Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
Oyexperts, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. Oyexperts shall not be responsible to you to such suspension or termination.
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Oyexperts shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
We may also modify these Terms, as provided in Modifications
PRIVACY AND SECURITY:
SERVICES AND CONTENTS:
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail, first look into your “spam” or “junk” folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. The Contact Information is provided on our customer service page.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
INTELLECTUAL PROPERTY RIGHTS:
This Site is the sole and exclusive property of Oyexperts or its licensors. Oyexperts and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
Oyexperts and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Oyexperts and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Oyexperts or the relevant Provider, except as an integral party of any authorized copy of the Content.
Your Comments and Submissions
Any communications or materials you transmit to Oyexperts, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like (“Communications or Materials”) will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Oyexperts, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually
Oyexperts may charge a fee or commission for the service it provides when you purchase, book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site.
DISCLAIMER OF WARRANTY:
Oyexperts and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an “as is” basis. Oyexperts and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Oyesalon is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, OYESALON AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY:
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of Oyexperts. IN NO EVENT WILL OYESALON OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF OYESALON AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, despite the limitation above Oyexperts or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Oyexperts and the Providers’ liability will in no event exceed, in total, the sum of amount.
You agree to defend and indemnify Oyexperts and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Oyexperts as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
APPOINTMENT SERVICES TERMS AND CONDITION:
Reservations, bookings, and purchases
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including terms and conditions of purchase.
If any dispute arises between you and Oyexperts during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Oyexperts. The arbitration proceedings shall be in the English language.
The Terms and Conditions shall be governed and construed in accordance with the laws of India.
Your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
PROVISIONS OF THESE TERMS AND CONDITIONS:
Prior Terms and Conditions
These Terms supersede any prior Oyexperts Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Oyexperts, you may contact our Customer Service department, the information of which is provider in the customer service section of the Site.
OWN Your Experts India Pvt. Ltd.