Terms and Conditions

These Terms of Use (hereinafter, referred to as the “Terms”) for the website http://www.gostylu.com, the mobile application “Stylu”, and the associated beauty services (hereinafter, collectively referred to as the “Services”) constitute a legal agreement between the user (“you”, “your”, “user”) of the Services and Stylu Inc. having an address at 644 Finch Avenue East, Toronto, ON M2K 2E6, Canada (hereinafter, referred to as “STYLU”, “we”, “us”). By using the Services, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Services. STYLU grants you the right to use the Services only in case you agree to the Terms. We would like to inform you that some of the Services are subject not only to these Terms, but also to other terms and conditions (hereinafter, referred to as “Supplemental Terms”). In case of a conflict between any Supplemental Terms and these Terms, these Terms shall prevail. THESE TERMS INCLUDE: (i) A WAIVER OF JURY TRIALS; (ii) A CLASS ACTION WAIVER; AND (iii) ARBITRATION CLAUSES REQUIRING LEGALLY BINDING ARBITRATION. THE TERMS MAY LIMIT THE LEGAL REMEDIES WHICH USUALLY FUNCTION AS DEFAULT RULES IN THE ABSENCE OF THE PARTIES’ OWN AGREEMENT OF A REMEDY.

1. Accounts

In order to use some of the Services, you must register an account with STYLU (hereinafter, referred to as the “Account”). By registering an Account, you warrant and represent that: (i) the registration information submitted by you to us is current, complete, true, and accurate; and (ii) you will maintain and timely update your Account information to ensure it remains current, complete, true, and accurate.

1.2 You are not allowed to create an Account on behalf of others.

1.3 If we have a reasonable belief that you have violated these Terms, we may delete your Account. If we delete your Account, you are not entitled to: (i) create a new Account; and (ii) use the Services.

1.4 You are solely responsible for keeping your Account login information in confidentiality. If you believe that the confidentiality of your Account login information may be compromised, please inform us. We shall not be responsible for any damages caused by your failure to keep the Account login information in confidentiality.

2. Payment Terms

2.1 If you would like to use some of the Services, you may need provide us with a valid credit card. We accept credit cards issued by Visa, MasterCard, or any other issuer accepted by us. Your use of the designated credit card is subject to the terms and conditions in your payment provider agreement. Therefore, you must refer to that agreement and not to the Terms to determine your rights and liabilities.

2.2 By providing STYLU with your credit card number and the associated billing information, you authorize us to charge your credit card for fees due to us. You hereby agree that the authorization mentioned in the preceding sentence is sufficient and no additional notice or consent is required to charge your credit card for fees due to us.

2.3 You agree to timely notify STYLU of any changes related to your credit card and your billing address.

2.4 We may, without any additional notice to you, change the prices of the Services by publishing an updated price list. Please note that the price changes will not apply to Services purchased prior to the publication of the updated price list.

2.5 If you order our paid Services, you agree to pay the then-current fees listed in the Services. We will automatically charge your credit card on the date when the Services will be delivered.

2.6 Subject to the exception mentioned in the following sentence, we do not provide refunds of fees paid for the Services. If you cancel your appointment, we will refund the fees paid by you in relation to the cancelled Services.

2.7 Our fees exclude levies, taxes, and other duties. You are solely responsible for paying all such levies, taxes, and other duties.

2.8 Please note that any unpaid due fees will accrue interest at the rate of 1.5%, or the maximum legal rate if less.

2.9 If we cannot charge your credit card for any reason, we may send you an email requesting you to update your payment information.

3. Cancellation

3.1 If you would like to cancel an appointment, please refer to our cancellation policy available at http://www.gostylu.com/cancellationpolicy . If (i) our hairstylist does not arrive at the appointment location in time or (ii) we cancel your appointment with our hairstylist at the time when the appointment begins, we may, in our sole discretion, provide you with a refund.

3.2 STYLU may cancel any free Services at any time without a notice to you. If we cancel any of free Services, we will not provide you with credits or promotional value adjustments.

4. Referral Credits

4.1 We offer promotional credits for referring new users (hereinafter, referred to as “Promotional Credits”). You can receive Promotional Credits only if the referred user is a new bona fide user who: (i) registers an Account; and (ii) uses the paid Services provided by STYLU within a time period of 90 days commencing on the date when his/her Account was registered.

4.2 You will not receive Promotional Credits for: (i) a referred user who had a pre-existing Account; or (ii) referring yourself.

5. Promotional Codes

5.1 From time to time, we may create promotional codes (hereinafter, individually referred to as the “Promotional Code” and collectively as the “Promotional Codes”) which can provide you with various benefits, e.g., redeeming credits in your Account. The Promotional Codes may be subject to Supplemental Terms.

5.2 Unless otherwise stated in these Terms or Supplemental Terms, a Promotional Code shall: (i) be used once per person; (ii) be redeemed once per account; (iii) be valid only if it is distributed through official STYLU communication channels; (iv) have no cash value.

5.3 Unless otherwise stated in these Terms or any Supplemental Terms, multiple Promotional Codes cannot be used in a single transaction.

5.4 By using our Promotional Codes, you agree: (i) to use the Promotional Codes in accordance with these Terms and any Supplemental Terms applying to the Promotional Codes; (ii) to use the Promotional Codes only for the purpose for which they were created; (iii) to use the Promotional Codes in accordance with the applicable law; (iv) not to duplicate, transfer, redistribute, and alter the Promotional Codes in any manner, including, but not limited to, by making the Promotional Codes available on the Internet; (v) that the Promotional Codes may expire prior to your use of them.

5.5 STYLU reserves the right to disable the Promotional Codes without a notice to you. You agree not hold us liable for any loss or damage of any sort incurred as a result of any such disabling of Promotional Codes.

6.  Reservation of Rights

6.1 In case we determinate that you use the Promotional Codes or Promotional Credits in violation of these Terms, any Supplemental Terms, or the applicable law, we reserve the right to withhold or deduct credits or other benefits obtained through your use of the Promotional Codes or the Promotional Credits.

6.2 We will not provide you with promotional value adjustments or credits for Promotional Codes or Promotional Credits which you have already redeemed.

7. Feedback

7.1 If you provide us with any comments and other suggestions regarding the Services (hereinafter, referred to as the “Feedback”), you agree: (i) to assign to us all rights in the Feedback; (ii) that we will have the right to use the Feedback for any legitimate purpose; (iii) that your Feedback will be treated by us as non-proprietary and non-confidential information.

7.2 You agree not to submit to us any information which you consider to be proprietary or confidential.

8. Your Responsibilities

8.1 As a recipient of in-home beauty Services, you agree to: (i) comply with any Supplemental Terms applying to the Services purchased by you; (ii) create a clean, safe, and comfortable workspace in the room where our hairstylists are invited to perform the Services; (iii) ensure that our hairstylists will have access to bathroom facilities, an electrical outlet, and a sink with hot and cold running water; (iv) make sure that the individuals present in the room where our hair stylists are invited to perform the Services will not use intimidating, harassing, abusive, hostile, and offensive language in the presence of our hairstylists; (v) ensure that no pets are present in the room where our hairstylists are invited to perform the Services; (vi) ensure child care for a child or children under the age of 13 present in the room where our hairstylists are invited to perform the Services.

8.2 In case you do not comply with the requirements mentioned in Section 8.1 or if a hairstylist feels uncomfortable or unsafe in his/her workspace, we reserve the right to terminate the Services.

9. License to Use Services

9.1 Subject to the provisions in the Terms, STYLU grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to use the Services.

9.2 You are not entitled to lease, distribute, license, sell, host or commercially exploit the Services.

9.3 Unless you purchase our Services, you are not entitled to seek to hire or otherwise engage our hairstylists.

9.4 You are entitled to use the mobile application “STYLU” (hereinafter, referred to as the “Mobile Application”) on a single computer or mobile device solely for your professional or personal use.

9.5 You agree that we may modify, suspend or discontinue the Services or any part therefore at any time with or without notice. You agree not to hold us liable for any such modification, suspension, or discontinuation.

10. Support

10.1 STYLU does not provide any support or maintenance regarding the Services.

11. STYLU’s Content

11.1 The website http://www.gostylu.com (hereinafter, referred to as the “Website”) and the Mobile Application contain intellectual property materials that are owned by STYLU (hereinafter, referred to as “STYLU’s Content”). Such materials include, but are not limited to, text, images, and source code. STYLU’s Content is intellectual property of STYLU. STYLU’s Content is protected by the intellectual property law of Canada and the applicable international intellectual property laws.

12. User-Generated Content

12.1 The Website and the Mobile Application offer users the opportunity to publish comments and other materials (hereinafter, collectively referred to as “User-Generated Content”).

12.2 STYLU wants all users of the Website and the Mobile Application to have a friendly, interesting, and safe, experience. That is why all users of the Website and the Mobile Application and any contributions they make to the Website and the Mobile Application must comply with the following Code of Conduct.

12.3 You further agree that any User-Generated Content submitted by you does not contain any confidential, proprietary or trade secret information. STYLU shall have no obligation to store, keep copies of or return any User-Generated Content. STYLU further reserves the right, in its

Code of Conduct

You agree not to submit any User-Generated Content or other material that:

  • violates the applicable privacy laws;
  • is an advertisement or promotion for any product or service that had not been approved in writing by STYLU;
  • is submitted by using fake email addresses;
  • contains malware, including, but not limited to, Trojan horses, viruses, worms or other software that can alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment;
  • infringes the intellectual property rights of others;
  • constitutes an unfair or deceptive trade practice;
  • is false or misleading;
  • constitutes spam or other abusive messaging;
  • is abusive, defamatory, harassing, hateful, libelous, obscene, profane, sexually explicit, threatening, and vulgar;
  • promotes the use of alcohol and tobacco;
  • is racially, ethnically or otherwise objectionable in any manner;
  • promotes the use of illegal drugs or any other illegal substances;

STYLU reserves the right (but not the obligation) to edit, refuse to post, or to remove any User-Generated Content in whole or in part that STYLU deems to be in breach of the Code of Conduct. sole discretion, to modify, delete or remove any User-Generated Content from the Website and the Mobile Application that it deems to be in violation of the foregoing requirements.

12.4 You will be solely responsible and liable for, and will indemnify STYLU and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from your User-Generated Content.

12.5 By publishing User-Generated Content on the Website or the Mobile Application, you agree that such User-Generated Content may be made publicly available. By publishing User-Generated Content on the Website or the Mobile Application, you grant to STYLU unrestricted, royalty-free, perpetual, and irrevocable rights to:

  • to archive, cache, crawl, host, index, modify, and store your User-Generated Content to appropriate media formats, standards or mediums as part of the services provided by STYLU;
  • adapt, distribute, excerpt, modify, remix, reproduce, use, prepare derivative works of, publicly perform, and publicly display your User-Generated Content on the Website and the Mobile Application;
  • use your User Generated Content for advertising, promotional or commercial purposes, including, but not limited to, the right to publicly display, distribute, perform, and reproduce your User-Generated Content in any media format or medium and through any existing or future media channels.

13. Ownership

13.1 All STYLU’s Content featured or displayed in or through the Website and the Mobile Application and all trademarks, service marks and trade names of STYLU included therein, are intellectual property of STYLU, its licensors, vendors, agents and/or other content providers.

13.2 All User-Generated Content is owned by their respective owners and STYLU is not responsible in any manner for that content.

14. License Restrictions

14.1 Unless explicitly allowed in the Terms, you may not: (i) copy the User-Generated Content and STYLU’s Content; (ii) distribute the User-Generated Content and STYLU’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the User-Generated Content and STYLU’s Content; (iv) use, rent, loan, sublicense, lease, distribute or attempt to grant other rights to the User-Generated Content and STYLU’s Content to third parties.

15. Availability

15.1 STYLU will use reasonable efforts to make the Website and the Mobile Application available at all times. However, you acknowledge that the Website and the Mobile Application are provided over the Internet and so the quality and availability of the Website and the Mobile Application may be affected by factors outside our reasonable control.

15.2 STYLU does not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.

16. Warranty to STYLU

16.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website and the Mobile Application only for purposes that are permitted by these Terms; (iii) your use of the Website and the Mobile Application will comply with all applicable laws; and (iv) you are at least 18 years of age.

17. Third Party Interactions

17.1 The Website and the Mobile Application may contain links to other websites, services, and advertisements for third parties (hereinafter, collectively referred to as “Third-Party Content”). STYLU is not responsible for any Third-Party Content. Such Third-Party Content is not under our control. We provide Third-Party Content as a convenience only.

17.2 STYLU does not monitor, warrant, review, approve, endorse, or make any representations regarding the Third-Party Content.

17.3 The Third Party-Content is governed by the terms and conditions, privacy policies, and other documents published by third parties. Before using any Third-Party Content, please familiarize yourself with the documents governing that Third-Party Content.

17.4 Your interactions with users of other websites and services are solely between you and the other users. You agree not to hold us liable for any loss or damage resulting from such interactions.

17.5 We shall not be obliged to intervene in disputes between you and users of other websites and services.

18. App Store

18.1 You may download the Mobile Application by using Apple Corporation’s App Store (hereinafter, referred to as the “App Store”). By downloading the Mobile Application from the App Store, you agree that: (i) the App Store is provided by a third party; (ii) these Terms do not apply to the App Store; (iii) we are solely responsible for the Services, including the Mobile Application; (iv) we are solely responsible for addressing any claims related to the Services, e.g., product liability, intellectual property infringement, and legal compliance; (v) you will pay all fees (if any) charged by the App Store in respect to your download of the Mobile Application; (vi) the operator of the App Store and its subsidiaries are third-party beneficiaries of these Terms and, therefore, they will have the right to enforce their terms.

18.2 The following rules apply to any application downloaded or accessed through the App Store (hereinafter, referred to as the “App Store Application”): (i) Apple has no obligation whatsoever to provide any support or maintenance services regarding any App Store Application; (ii) Apple will refund the purchase price of any App Store Application if the App Store Application fails to conform to any applicable warranty; (iii) apart from refunding the purchase price, Apple will have no other warranty obligation regarding any App Store Application; (iv) in case your use of the App Store Application infringes the rights of third parties and/or a third-party has a claim regarding the App Store Application, STYLU, not Apple, will be solely responsible for the discharge, investigation, and settlement of such claims and violations; (v) when using an App Store Application you agree to comply with any applicable third-party terms of agreement.

19. Limitation of Liability

19.1 Nothing in these Terms shall limit or exclude our liability for: (i) for fraud; (ii) for death or personal injury caused by our negligence; (iii) for any breach of the obligations implied by applicable laws; or (iv) any liability which cannot be excluded by law.

19.2 Subject to Section 19.1 of these Terms, STYLU will not be liable for any loss of profits, loss of income, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of the Terms or otherwise. STYLU maximum aggregate liability under the Terms whether in tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the customer to STYLU in relation to the Services in question.

20. Indemnification

20.1 You hereby agree that you shall indemnify, defend, and hold STYLU, its licensors, and each such party’s agents, employees, attorneys, affiliates, officers, directors, users, employees, and subsidiaries harmless from and against any expenses, damages, losses, liabilities, claims, and cost (including attorney’s fees) arising out of or in connection with: (i) your use of the Services; (ii) your violation of rights of third parties; and (iii) your violation of these Terms, any Supplemental Terms, or the applicable laws.

21. Disclaimer

21.1 WE PROVIDE THE SERVICES, INCLUDING THE MOBILE APPLICATION AND THE WEBSITE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS. STYLU EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND (IRRESPECTIVELY OF WHETHER THESE WARRANTIES AND CONDITIONS ARE EXPRESSED OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ACCURACY.

21.2 WE AND OUR SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES: (i)WILL SATISFY YOU; (ii) BE LEGAL, UNINTERRUPTED, COMPLETE, ACCURATE, SECURE, RELIABLE, SAFE; (iii) HAVE NOT ERRORS; (iv) BE TIMELY PROVIDED; (v) BE FREE OF VIRUSES AND OTHER MALICIOUS CODE; (vi) MEET YOUR REQUIREMENTS.

21.3 WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY OUR HAIRSTYLISTS, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES CAUSED WHILE OUR HAIRSTYLISTS IS AT YOUR OFFICE OR HOME.

21.4 SINCE SOME JURISDICTIONS DO NOT ALLOW US TO EXCLUDE IMPLIED WARRANTIES, PLEASE NOTE THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

22. Governing law

22.1 The Terms shall be governed by the laws of Ontario, Canada.

23. Dispute Resolution

23.1 To the extent not prohibited by the applicable law, STYLU and you agree to resolve any disputes arising out of or related to these Terms or your use of the Services by binding arbitration, except for claims related to misappropriation, violation, and threatened infringements of trade secrets, trademarks, copyrights, and other intellectual property laws.

23.2 To the extent not prohibited by the applicable law, you and STYLU are waiving the right to a trial by jury or to participate as a plaintiff or class user in any class action or representative proceedings.

23.3 Unless otherwise stated in an agreement concluded between you and STYLU, you and STYLU may not: (i) preside over any form of representative proceeding; (ii) preside over any form of class proceeding; and (iii) consolidate more than one person’s claims. If a court or an arbiter finds this Section 23. 3 to be unenforceable, then Section 23 “Dispute Resolution” shall be deemed void in its entirely. Unless otherwise stated in these Terms, the Section “Dispute Resolution” shall survive any termination of these Terms.

23.4 Unless otherwise stated in these Terms, any dispute arising out or in relation to the Terms, any Supplemental Terms, and the Services will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act of Ontario. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each side shall pays its own attorneys’ fees and expenses unless there is a statutory provision to the contrary.

23.5 The arbitrator’s award damages must be consistent with the clauses of these Terms which limit the liability of STYLU.

24. General

24.1 We may modify these Terms from time to time. In case we make any substantial modifications, we may inform you about those modifications either (i) by sending an email to the last e-mail address which you provided to us (if any) or (ii) by posting a notice of the modifications on the Website.

24.2 Any changes to these Terms will enter into force upon the expiration of a time period of (30) calendar days commencing on the day when we inform you about the modifications by sending you an email or posting a notice of the modifications on the Website (whichever is earlier).

24.3 It is your responsibility to provide us with a valid e-mail address. If your e-mail address is not valid or incapable of receiving the notice of modifications of the Terms, our dispatch of a notice to your email address shall constitute an effective notice.

24.4 By using the Services following the entry in force of any modified Terms, you agree to be bound by the modified Terms.

25. Last Amendment

25.1 These Terms have been last amended on 20th of March 2016.

26. Contact

STYLU Inc.
Address: 644 Finch Avenue East
Toronto, M2K 2E6
Telephone: 647 402 6454
Email: [email protected]