Terms of service

5. User Content

• We are not responsible for content posted by users of the site ("Users' Content"). Flair reserves the right to cancel your access to these areas and/or delete, move, or edit any Users' Content (including messages posted in any forum/comment/review section) that it may determine, in its sole discretion, violative of the Terms of Service. You shall remain solely responsible for all Users' Content posted by you or by any other person using your account. We shall have the right, but not the obligation, to correct any errors or omissions in any Users' Content, as we may determine in our sole discretion.
• You acknowledge and agree that Flair owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post, submit, share or otherwise publish on the Website. You hereby waive any and all claims against Flair for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Flair’s use and publication of such posting. This means that anything posted, submitted, shared or otherwise published by you to the Website shall be owned by Flair and may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you.
• You warrant that you shall not post or otherwise publish on the Website any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violate these Terms of Service.

6. Intellectual Property

• The intellectual property contained in the Website is owned by or licensed to Flair and is protected by applicable copyright and trademark law.
• Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or transfer of right to any copyright, patent, trademark or other proprietary interest belonging to Flair. The content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Flair.

7. User License

• Flair grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Services or any other materials on the Website only to the extent provided by these Terms of Service. All rights not expressly granted to you in these Terms of Service are reserved and retained by us.
• Permission is granted to temporarily download one copy of the materials (information or software) on our Website for personal, non-commercial use. This is the grant of a license, not a transfer of title, and under this license you may not:
• • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on the Website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.
• This license shall automatically terminate if you violate any of these restrictions and may be terminated by Flair at any time. Upon terminating your viewing of any of the materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

8. Disclaimers

• The materials on the Website are provided on an ‘as is’ basis. Flair makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
• Further, Flair does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to the Website.
• The Services available on the Website are provided with the express understanding that you shall remain solely responsible for your use of the Website. You understand that should you choose to rely on or take decisions based on any of the Website contents, it shall be at your own risk. Neither Flair nor its third-party content providers and shall be liable for any indirect, incidental, consequential, or punitive damages or losses or for lost revenues or profits, whether or not advised of the possibility of such damages or losses.
• We do not own, sell or resell any salon or barbershop services listed on Flair. We only facilitate the transaction between buyers (including you) and Service Providers as a 'marketplace' and have no control over the Service Providers listed on Flair whatsoever. We make no representation or warranty as to legal title, creditworthiness, or identity of the Service Providers. As a marketplace, Flair attempts to ensure that Service Providers enter accurate service descriptions and keep the prices and commercial terms current at all times. However, we do not warrant that the service specification, quality, origin, or other information / content provided by the Service Providers via the Website is accurate, complete, reliable, current or error-free. There may be some delay on the part of a Service Provider to update the relevant details. Also the service pictures may be indicative and may not match the actual particulars. We disclaim any liability whatsoever for any such inaccurate or incomplete information provided by the Service Providers.
• You shall ensure that you have carefully read and agreed to the commercial / contractual terms of the service being provided by the Service Provider with whom you place your booking, as the said commercial / contractual terms of service shall govern your obligations and responsibilities in respect of the said booking. Any amendments to the commercial / contractual terms of service in relation to a booking after its confirmation should be mutually agreed upon by the Service Provider and you, without any recourse to our Website.
• Flair does not control or determine or advise or in any way involve itself in the offering or acceptance of such commercial / contractual terms of service between you and the concerned Service Provider. Accordingly, we shall not have any privity of contract in such agreement of terms between you and the concerned Service Provider.

9. Limitation of Liability

• In no event shall Flair be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if Flair or a Flair authorized representative has been notified orally or in writing of the possibility of such damage arising to a User.
• If you have a dispute with us or are dissatisfied with our services, termination of your use of our services is your sole remedy. We have no other obligation, liability or responsibility towards you. Since some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you if you are residing within such jurisdictions. In the event that we are found liable to you in such jurisdictions, you acknowledge that we are simply a marketplace and not the entity delivering the services to you and therefore, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to 10 (ten) percent of the amount received by us for the affected booking, prior to any cause of action arising.
• We neither endorse any Service Provider nor the services offered by them. We will not be responsible for any damage or harm resulting from your interactions with the concerned Service Provider or from your availing the services of any Service Provider. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of a Service Provider or other third parties will be limited to a claim against the particular Service Provider or such third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Flair with respect to such actions or omissions.

10. Indemnification

You hereby indemnify, defend, and hold harmless Flair and all of its successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, and representatives and their respective heirs, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by any or all the Indemnified Parties in connection with any claim arising out of or relating to: (i) your access to or use of the Website and violation of any third party’s rights or (ii) any breach by you of these Terms of Service or the representations, warranties, and covenants you have made by agreeing to these Terms of Service. You shall cooperate as fully as reasonably required in the defense of any such claim. Flair reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. Third Party Links

We may provide links to third-party websites, and some of the content appearing to be on the Website is in fact supplied by third parties. We do not endorse and have no responsibility for the availability or content of these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. We shall have no liability or responsibility, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or reliance on any content, goods or services available on or through such websites.

12. Bookings and No Show Policy

• The Website permits you to request various services at a time of your choice based on available slots. To make a booking, you must follow the instructions on the Website and provide necessary information. We shall use our best efforts to find you a Service Provider who is able to attend to you at the allotted time. In the unlikely event that we cannot find you a Service Provider for the allotted time, we shall contact you to provide the next best timeslot. However we shall not be liable if you do not end up making a booking with us due to the unavailability of a timeslot or Service Provider. We do not guarantee that a Service Provider of your choice will be available for a booking at the time you choose.
• Your booking with Flair is only an “offer” to avail and may be subject to confirmation by the Service Provider in certain cases. When you receive a booking confirmation from the Service Provider, your booking shall be treated as final. Where applicable, the amount of the order may include applicable taxes. You can make a booking with your credit card and save your credit card details on the Website, so that if the booking is not confirmed, your payment will be returned to you.
• Fulfillment of services booked on our website is the sole responsibility of the Service Provider. Flair is merely providing a Service to the Service Provider and you, providing security of payment and facilitating the booking for you and the Service Provider.
• We schedule our appointments so that each User receives the right time slot for the services to be provided by the Service Provider. That’s why it is very important that you keep your scheduled appointment with the Service Provider, and arrive on time. The Service Provider may, as a courtesy, choose to provide you a reminder of the appointment at reasonable times. If your schedule changes and you cannot keep your appointment, please contact the Service Provider so they may reschedule you, and accommodate those Users who are waiting for an appointment. As a courtesy to those users who are waiting to make a booking with our Service Providers, please give the Service Provider an advance notice as per the minimum hours requirement displayed in your booking information. If you do not cancel or reschedule your appointment with such advance notice, the Service Provider may levy a “no-show”service charge to be paid by you. The “no-show” charge can be viewed in your booking information. In case there is a no-show by you, your Flair account will reflect the amount and further orders will not be processed until the payment is made. The amount may also be adjusted from your cancellation refund.The Service Provider shall be the final authority on decisions related to your booking and its execution.

13. Charges and Refunds

• If the Service Provider has chosen an advance payment, you will need to pay in advance in order to book the services. The Website does not allow a booking to be processed if the payment is not received in such cases. If the Service Provider has chosen that the payment can be received after the provision of Services, you will be required to make an appropriate payment at the salon.
• The charges include the amount charged by the Service Provider and the convenience fee levied by Flair. Flair collects the charges on behalf of the Service Provider via Stripe payment gateway provider.
• You may be entitled to a refund upon cancellation in line with the provisions of clause 12 of this policy.
• All pricing, payment and refunds  are at the discretion of the Service Provider.
• In order to book a service via the Website, you may be asked to provide your credit / debit card details. By providing a debit/credit card and billing address for that card, you represent that you are the debit/credit card holder or that you are an authorized representative of the debit/credit card holder. Various Service Providers may require different modes of payment and you may need to comply in order to make your booking.
• Credit card fraud is a felony. We may report any wrongful or fraudulent chargebacks to your local police, your local bank, our merchant service (credit card processing company). We will aggressively prosecute anyone attempting to misuse a credit card number. We track every transaction and will use all means available to prosecute persons attempting fraud.
• You agree to bear all bank charges in relation to the payment made and agree to pay all applicable taxes levied on the services utilized by you in connection with using the website.

14 Credits and Loyalty Program

From time to time we may introduce loyalty programs or communicate with you the loyalty programs or schemes offered by our Service Providers. You can check the Website for any such programs. Any terms and conditions of such programs will be available at the time of the introduction of such programs.

15. Privacy

Your privacy is very important to us and any data received by us shall be handled in accordance with our Privacy Policy which is available at: www.getflair.ca/privacy-policy

16. Governing Law

• These Terms of Service shall be construed in accordance with the applicable laws of Quebec, Canada without regard to the conflict of law principles.
• If any dispute or claim arises from or in connection with (i) these Terms of Service, (ii) any booking made on the Website, or (iii) your access to or use of our Services (“Dispute”), the relevant parties shall resolve the Dispute through the procedure stated in Clause 16.3 below.
• You may be entitled to a refund upon cancellation in line with the provisions of clause 12 of this policy.
• In the first instance any Dispute that you have with regards to the use of the Website will be referred to the senior management of Flair. If such Dispute is not resolved within a period of 30 (thirty) days from the date on which it was referred to the senior management or such extended period as the senior management may agree with you, you agree to submit to the exclusive jurisdiction of the courts at Montreal, Canada for the resolution of the Dispute.

17. Assignment

These terms and all rights and obligations of you the user hereunder are personal to you and may not be transferred or assigned by you to any third party at any time. We may assign our rights under these Terms of Service to any entity that assumes our obligations hereunder in connection with any sale or transfer of all or a substantial portion of our assets to such entity.

18. Force Majeure

We shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms to the extent such delay or failure results from acts of God, fire, war, terrorism, severe illness, terrorist acts, cyber event, accidents, acts of government, sanctions, pandemics, electricity or internet disruptions, economic recession, political destabilization, circumstance or cause whatsoever beyond its reasonable control (a “Force Majeure Event”). In case of any scheduled maintenance and downtime of the Website, we will inform the customers reasonably in advance and shall ensure that such scheduled maintenance is completed as soon as possible.

19. Severability

Any part, provision, representation or warranty of these Terms of Service which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of these terms which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

20. No Waiver

Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

21. Entire Agreement

These Terms sets forth the entire understanding between you and Flair and supersedes all prior versions of the Terms and any prior understanding or agreement. In addition, you may also be subject to additional terms and conditions when you use or access Flair affiliate services.

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