Agreement between User and Chairy
Welcome to the Chairy website and mobile application owned and operated by Chairy, LLC (hereinafter “Chairy,” “we” or “us”) at including all content under the “Chairyapp.com” domain name and referred to herein as the “Website” or “Site”. The mobile application will be referred to herein as the “App” We provide the App and Website with the associated services, data, information, tools, software, updates, and materials (altogether, the “Services” as further defined below), subject to your agreement to and compliance with the terms and conditions set forth in this document (the “Agreement”). When you sign up for an account with us, you are expressly agreeing to the terms and conditions set forth in this Agreement. Please carefully read this Agreement that governs your access to and use of the App and Website Services, and that applies to all users of the Website and App. If you are accepting this Agreement on behalf of a legal entity other than yourself as an individual, including a business or a government, you represent
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CHAIRY'S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND CHAIRY’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY CHAIRY AND BY YOU TO BE BOUND BY THESE TERMS. By accepting you consent to any use of photos and we may use in our marking or website.
Overview
"Services" means the Websites, Applications and Services offered by Chairy (other than those services that are expressly governed by other terms), which may include an online platform for salon and barbershop professionals to offer temporary space in their salons and barbershops ("Station”) for lease or rent (such users are "Host" and each such listing is a "Listing") and for licensed stylists, cosmetologists, and barbers (such users are "Professionals") to search for and rent listings for available salon and barbershop spaces. The Services may also include tools such as online communities and communication tools designed to facilitate professional and personal networking among users of the Services (all users of the Services, including Hosts and Professionals will be referred to as "Users" herein). The Services also allow Users to create individual profiles, which may include information from or about you ("Profile"), and to make these Profiles, or aspects thereof, public. In addition, Chairy may collect information about you from publicly available websites and may use this information to create a Profile or append it to an existing Profile.
As the provider of the Services, Chairy does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Hosts alone are responsible for their Listings. When a Professional submits a request to book a space from a Listing, and the Host accepts the request, this agreement between Users is called a "Rental" Chairy is not and does not become a party to or other participant in any contractual relationship between Users, nor is not acting as an agent in any capacity for any User, (except as expressly set forth herein).
Privacy
Your use of Chairy is subject to Chairy's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. NEVER PROVIDE SOCIAL SECURITY, CREDIT CARD, OR BANK ACCOUNT NUMBERS TO OTHER USERS OF THE SERVICES. If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Host Services.
Electronic Communications
Visiting and using Chairy or sending emails to Chairy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, on the Website, satisfy any legal requirement that such communications be in writing.
Your Account
To access Services, you must sign up for an account. When you sign up for an account, you will be required to provide us with some information about yourself, such as your name, email address, and other contact information. Certain features of the Services may only be available to Users who have verified their cosmetology or barber license number. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If you use Chairy you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Chairy is not responsible for third party access to your account that results from theft or misappropriation of your account. Chairy and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children and Young People’s Information
Chairy does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. This app is intended for use by adults 18 or over. If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.
Cancellation/Refund Policy
For Pros
If you cancel up to 48 hours before your stay you will receive a full refund, minus the service fee & Processing Fee. If you book a chair within 24 hours and cancel, no refunds will be transmitted.
Chairy bookings are by the day. If the visiting professional reserves multiple days and decides to leave early after arrival, the days not spent in the barbershop or salon will not be refunded.
If there is a complaint from either the Chairy Host or visiting Professional, notice must be given to Chairy within 24-48 hours of check-in. Chairy has the final say in all disputes.
For Host
If you cancel a booking 7 days before the Pros arrival. You will receive a full refund, minus the service fee & Processing Fee. If you cancel a chair after the 7 days of a Pros arrival, no refunds will be transmitted.
Cleaning Policy
A host has the final say as to what their shop's cleaning policy may be. If not followed Professionals can be charged a cleaning fee from the Host. Chairy has the final say in all disputes.
Tax
Chairy is not responsible for our User's tax reporting or any applicable sales tax. Links to Third Party Sites/Third Party Services
The Chairy platform may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Chairy and Chairy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Chairy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Chairy of the site or any association with its operators.
Certain services made available via www.chairyapp.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.chairyapp.com domain, you hereby acknowledge and consent that Chairy may share such information and data with any third party with whom Chairy has a contractual relationship to provide the requested product, service or functionality on behalf of www.chairyapp.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Chairy platform strictly in accordance with these terms of use. As a condition of your use of the Services, you warrant to Chairy that you will not use the website or application for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or App in any manner
which could damage, disable, overburden, or impair Chairy or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or App.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Chairy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or App. Chairy content is not for resale. Your use of the Website and App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Chairy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Chairy or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Chairy account to third party accounts. By connecting your Chairy account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites).
International Users
The Service is controlled, operated and administered by Chairy from our offices within the USA. Chairy is Intended for visitors and Users located in the USA. We make no representation that the Services are appropriate or available for use outside of the United States. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Chairy Content accessed through www.chairyapp.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
COMPLIANCE. You shall comply with all laws, ordinances, rules, regulations and orders
applicable to any professional in your field, including all requirements that you secure and pay for all required licenses. You shall take all reasonable safety precautions with respect to the work to be performed under this Agreement, including complianc with all standard safety measures and with all applicable laws, ordinances, rules, regulations and orders of any public authority for the safety of the public.
Indemnification
You agree to indemnify, defend and hold harmless Chairy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website, App, or Services. Any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Chairy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Chairy in asserting any available defenses.
You further hereby agree to indemnify, defend, and hold Chairy, its subsidiaries, agents, officers, employees successors harmless from and against any claim, demand, cause of action, liability, loss, damage, cost, or expense which directly or indirectly arise out of or is in any way associated with (a) a material breach of this Agreement; (b) the performance of the work or connected in any way to the performance your work under this Agreement, provided that any such claim, damage, loss or expense is caused in whole or in part by any negligent act or omission by you, including but not limited to any such claim, damage, loss or expense that is attributable to bodily injury, sickness, disease or death, or to injury or destruction of tangible and intangible property, including loss of use there from.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive
the termination of these Terms and Conditions. This clause does not apply to actions brought in small claims court or bankruptcy court.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Chairy agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHAIRY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AND APP AT ANY TIME. CHAIRY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHAIRY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHAIRY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APP AND WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHAIRY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
CHAIRY WAVES ALL LIABILITY FROM ALL USERS. FROM ANY MISCONDUCT, PERSONAL INJURY, OR ANY CLAIM THAT MAY ARISE FROM HOST AND OR PROFESSIONALS.
Termination/Access Restriction
Chairy reserves the right, in its sole discretion, to terminate your access to the Website and App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Website and App. Use of the Website and App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Chairy as a result of this agreement or use of the App and Website. Chairy's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Chairy's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App and Website or information provided to or gathered by Chairy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Chairy with respect to the App and Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Chairy with respect to the App and Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Chairy reserves the right, in its sole discretion, to change the Terms under its Website & App. The most current version of the Terms will supersede all previous versions. Chairy encourages you to periodically review the Terms to stay informed of our updates. It is not Chairy's obligation to inform you of any updates to the Terms.
Contact Us
Chairy welcomes your questions or comments regarding the Terms: Email Address:
support@chairyapp.com
Effective as of July 01, 2023