Maze Services – Client terms and agreements

Effective Date: April 21, 2019

 

Welcome to MAZE Services (the “Mobile Application"). The following terms and agreements constitutes an agreement between you ("Client") and MAZE Services. ("MAZE," "we," or "us"). Before you may use the Mobile Application, you must read, understand, and accept all of the Terms and Conditions in this Terms of Service ("TOS") and the included Privacy Policy. This TOS is effective upon acceptance. USE OF ANY FUNCTIONALITY OF THE MOBILE APPLICATION CONSTITUTES ACCEPTANCE OF THIS TOS.

 

MAZE Services may update or revise this Agreement from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the MAZE Services. You must click “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the MAZE Services, in which case you will no longer have access to your MAZE Services Account (as defined below). Except as otherwise expressly stated by MAZE Services, any use of the MAZE Services is subject to the version of this Agreement in effect at the time of use.

 

MAZE Services

MAZE Services provides the MAZE Professional a booking platform for the purpose of assisting in securing clients for their beauty services. In response to a MAZE Services client request to book a service through the Mobile Application, MAZE Services directly notifies the MAZE Professional of the MAZE Services client booking request through the MAZE Services booking platform. A MAZE Professional may accept or reject a MAZE Services client booking request at his or her sole discretion. MAZE Professionals at no time shall be required by MAZE Services to accept a MAZE Services client booking request.

 

Each MAZE Professional shall be free in at his or her sole discretion to determine at what times and on what dates a MAZE Professional shall make himself or herself available on the MAZE Services booking platform to accept booking requests from a MAZE Services client. Nothing contained in this Agreement shall require any MAZE Professional to make him or herself available on the MAZE Services booking platform for any minimum length of time as a condition of use of the MAZE Services

 

Your Representations

If you are utilizing in-home beauty Service in the state of North Carolina, you represent that the purpose of your request for the Service is due to being sick or disabled and confined to your place of residence in order to attend or maintain to your or cosmetic needs; necessary due to your illness or other physical or mental incapacitation; or because of ill health you are unable to go to a licensed salon.

 

Your Obligation

Client agrees to the following: (a) provide a safe and clean workspace that is free of conditions that would make it difficult for the MAZE professional to perform the service request (all determined by each MAZE Professionals sole discretion).

(b) will provide a toilet and hand washing facilities consisting of at least one commode and one hand washing sink with running hot and cold water, liquid soap and individual clean towels or hand air dryer shall be accessible. Must be in close proximity to electrical outlet for tools being used during service.

(c) During the time of service by MAZE Professional, pets and children are not permitted to be in the same workroom where the service will be provided, this is important as the MAZE professional will have equipment that can cause harm.

(d) MAZE Professionals have the right to refuse or terminate their service to anyone at any time if regulations are not met or if MAZE professional feels unsafe or uncomfortable during the in-home service, environment or conditions for any reason.

Payment

In order to use the MAZE Services Payment Services, you must provide account information for at least one operational and valid domestic United States bank account through the MAZE Services Application. You may add, delete, and edit the bank account information you have provided from time to time through the Mobile Application.

 

General

 

User Accounts.

In order to use all aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to MAZE Services certain personal information, such as your name, address, mobile phone number and age, as well as, at least one valid payment method supported by MAZE Services. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MAZE Services in writing, you may only possess one Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

Membership Access

The Mobile Application is not available to minors under the age of 18 or to any users suspended or removed from the system by MAZE for any reason. In consideration of your use of the 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 the United States or other applicable jurisdiction. If you do not qualify within the age limitations, you may not use the Mobile Application.

 

License

Subject to your compliance with these Terms, MAZE Services grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MAZE Services.

 

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MAZE Services does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

Referrals and Promotional Codes

MAZE Services may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services, or other features or benefits related to the Services, subject to any additional terms that MAZE Services establishes. You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by MAZE Services; (c) may be disabled by MAZE Services at any time for any reason without liability to MAZE Services; (d) may only be used pursuant to the specific terms that MAZE Services establishes for such Promo Code; (e) are not valid for cash; and (f) may expire prior to your use. MAZE Services reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other MAZE Professional in the event that MAZE Services determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of MAZE Services TOS.

 

Description of Services

Only through the Mobile Application, MAZE Services provides MAZE Professionals with the ability to accept or deny client appointments for a specific date/time/location, accept payment for service with optional tip, and market one’s self with a customizable professional profile. MAZE Professionals are responsible for transportation to and from the accepted location to provide your chosen beauty service. MAZE Professionals are responsible for all necessary supplies to complete your scheduled service from start to finish. MAZE Professionals are responsible for obtaining access to the 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 Mobile Application.

 

User Provided Content.

MAZE Services may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MAZE Services through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). By providing User Content to MAZE Services, you grant MAZE Services a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MAZE Services' business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MAZE Services the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor MAZE Services' use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MAZE Services in its sole discretion, whether or not such material may be protected by law. MAZE Services may, but shall not be obligated to, review, monitor, or remove User Content, at MAZE Services' sole discretion and at any time and for any reason, without notice to you.


 

Disclaimers; Limitation of Liability;

DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MAZE Services DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MAZE Services MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MAZE Services DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

MAZE Services SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MAZE Services, EVEN IF MAZE Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MAZE Services SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MAZE Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAZE Services SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MAZE Services' REASONABLE CONTROL.

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MAZE SERVICES LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MAZE SERVICES CHOICE OF LAW PROVISION SET FORTH BELOW.

 

Indemnity

You agree to indemnify and hold MAZE Services and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MAZE Services' use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers